INTRODUCTION:
There are other countries where Company
Secretary is considered to be a profession and some countries which is not
considered to be a profession. In that case Malaysia place on the countries
where CS is considered to be a huge competitive profession where it is not easy
to be in place of a CS. CS is considered to be the most professional job in a
company where education qualification and the personality of a candidate is the
most important element to select a candidate who can become a CS of the
company.
COMPANY SECRETARY IN MALAYSIA:
Malaysia is considered to be the best
country to start business. Since the economy of the country is continuously
growing and stable the country welcomes other countries to start business in
Malaysia. In Malaysia the rules and regulations of the corporate law is very
strict due to the increasing number of startup companies in Malaysia. The
corporate law also has separate rule and regulations for the company CS in
Malaysia. According to the Malaysian Corporate law 1965 it is stated that in
every companies in Malaysia, it is required to have a CS in a company. It is an
obligation for every company to follow this rule and have a CS in the company
but it is up to the choice of the company to choose more than 1 CS in the
company.
The CS of the company needs to have good
educational qualification in order to be a CS of the company. They can either
be register under Malaysian Institute of Accounts (MIA) which means the
completion of Chartered Accountant studies or qualified and registered under
the Malaysian Chartered Institute of Secretary and Administration (MCISA) or a
qualified lawyer in the country. Apart from these educational qualifications
the CS of the company needs to have good character and personality. The
individual needs to have proper principal and ethics in order to function as a
CS of a company.
The CS of the company should have attained
their legal age 18 or more than 18. They need to have all the educational
qualifications in order to be a CS of the company. Apart from these basic
requirements the CS of the company should not have any past criminal records.
One of the specific records which is written by the law where a CS of a company
should not have the record of bankruptcy.
Just like the companies of the country even
a CS needs to follow the rules and regulations given by the law of the country.
The CS according to the law needs to achieve various functions of the company
and overall should be responsible of the company’s functions. The CS is a
coordinator of the CEO of the company. As secretary it is their duty and responsibility to support the company. They
need to be knowledgeable and should know the up to date events which are taking
place in the company. The company needs to understand that CS is a very
important person of the company and accordingly the CS should be in a company.
A CS of a company should be flexible in order to function the company and also
should be an easy person to communicate with anyone inside and outside the
company.
A CS should be well aware with the rules
and regulations of the company. They should know the Memorandum of Associations
(MOA) and Articles of Associations (AOA) of the company. The CS of the company
should also be well aware of the changes taking place in the company including
the MOA and AOA of the company. The CS is to know all type of functions and
changes happening around the record which also includes the past record before
there were any changes in the company. They need to be in control and keep
things in control inside the company.
The company CS is responsible in files and
documentations of the company. They need to have a record of which files are
placed in which department or place of the company. They act as an
administrator of the company. The CS of the company organizes every meeting in
the company such as staff meetings, annual general meetings, etc. They need to have the record of number of
members present and absent in the meeting. They are responsible to keep all the
files in the table which is relevant for the meeting.
CONCLUSION:
CS plays the heart of the company. They are
the most main person in a company since they are connected to everyone in the
company. The CS of the company updates the company for all information needed
and they are people who can defense any risk from the company and also can
handle any problems which are existed in the company.
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