Not everyone offering company secretarial services in Malaysia is actually qualified to act as one. A licensed company secretary Malaysia law recognises must meet specific statutory requirements under the Companies Act 2016 — and since the role carries real legal responsibility for your company’s compliance, it’s worth knowing how to check before you appoint one.This guide explains exactly who qualifies as a licensed company secretary Malaysia law recognises, what a practising certificate actually proves, and how to verify someone’s credentials before you trust them with your company’s statutory compliance.
Who Can Legally Be a Licensed Company Secretary in Malaysia?
Under Section 235 of the Companies Act 2016, a company secretary must be a natural person who:
- Is at least 18 years old
- Is a Malaysian citizen or permanent resident, ordinarily residing in Malaysia
- Is either a member of a professional body prescribed under the Fourth Schedule of the Act (such as MAICSA, MIA, MICPA, or the Malaysian Bar), or holds a licence granted by SSM under the Companies Commission of Malaysia Act 2001
- Is not disqualified under Section 238 — for example, an undischarged bankrupt cannot act as a company secretary
Beyond meeting these criteria, a person must also be registered with SSM under Section 241 and hold a valid practising certificate before they can actually act as a company secretary.
What Is a Practising Certificate?
A practising certificate is the credential that formally authorises a qualified individual to act as a company secretary in Malaysia. It’s issued and renewed through SSM, typically via the e-Secretary online system, and it confirms that the holder:
- Meets the qualification requirements under Section 235
- Has registered with SSM under Section 241
- Is not subject to any disqualification under Section 238
Without a current practising certificate, a person — even one who is a member of a recognised professional body — is not legally permitted to act as a company secretary.
Which Professional Bodies Qualify a Company Secretary in Malaysia?
Membership in one of the bodies listed under the Fourth Schedule is one route to qualifying, alongside holding a valid practising certificate. Commonly recognised bodies include:
- MAICSA — the Malaysian Institute of Chartered Secretaries and Administrators, the body most specifically associated with the company secretary profession
- MIA — the Malaysian Institute of Accountants
- MICPA — the Malaysian Institute of Certified Public Accountants
- The Malaysian Bar — for qualified advocates and solicitors
Being a member of one of these bodies alone doesn’t automatically mean someone can act as your company secretary — they still need to be registered and hold a current practising certificate.
How to Verify a Licensed Company Secretary’s Credentials
Before appointing a company secretary, or if you want to confirm your current one is properly licensed, there are a few practical checks:
- Ask directly which professional body they belong to and ask to see evidence of their current practising certificate.
- Check your company’s own SSM profile, which records who is officially appointed as your company secretary — this confirms what’s on file, though it doesn’t by itself verify their licensing status.
- Verify membership with the relevant professional body (such as MAICSA) if you want independent confirmation.
- Be cautious of services that are vague about who the named secretary actually is, especially low-cost providers where the individual acting as your secretary isn’t clearly identified.
Why a Licensed Company Secretary Matters Beyond Compliance
A company secretary is a company officer under the Companies Act 2016, which means they carry real statutory responsibility, and in some cases personal liability, for your company’s compliance. An unlicensed or unqualified person acting in this role isn’t just a technical problem — it can mean your company’s filings, registers, and governance records aren’t being properly maintained by someone legally accountable for getting them right.
It’s also worth understanding this distinction if you’re comparing providers: a company secretarial service may coordinate the work, draft resolutions, and manage your filings, while the actual named, licensed company secretary Malaysia law holds accountable — the person legally responsible under the Act — may be a specific individual within or partnered with that service. It’s reasonable to ask who that person is.
Want to talk through your company secretary setup or have questions about who’s handling your compliance? Get in touch and we’re happy to walk you through it.
Frequently Asked Questions
Q: What qualifies someone to be a licensed company secretary in Malaysia?
Under Section 235 of the Companies Act 2016, they must be a natural person, at least 18, a Malaysian citizen or permanent resident ordinarily residing in Malaysia, and either a member of a prescribed professional body or SSM-licensed, with no disqualification under Section 238. They must also be registered under Section 241 and hold a current practising certificate.
Q: What is a practising certificate?
A credential issued and renewed through SSM that formally authorises a qualified individual to act as a company secretary. Without it, a person cannot legally act in this role, even if they’re a member of a recognised professional body.
Q: Which professional bodies can qualify someone to be a company secretary?
Commonly recognised bodies under the Fourth Schedule include MAICSA, MIA, MICPA, and the Malaysian Bar, among others. Membership must still be paired with registration and a current practising certificate.
Q: How can I check if my company secretary is properly licensed?
Ask them directly for evidence of their current practising certificate and professional body membership, check who’s officially recorded on your company’s SSM profile, and verify membership with the relevant professional body if you want independent confirmation.
Q: Can a company secretarial firm appoint someone who isn’t personally licensed?
No. Whoever is legally appointed and recorded as your company secretary must individually meet the Section 235 and 241 requirements and hold a valid practising certificate, regardless of the size or structure of the firm coordinating the service.
Q: Why does it matter if my company secretary is properly licensed?
A company secretary is a company officer under the Companies Act 2016 with real statutory responsibility for your company’s compliance. An unlicensed person in this role means no one legally accountable is actually overseeing your filings and statutory records.
