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Termination of Company Secretary in Malaysia

Every Sdn Bhd in Malaysia must appoint a licensed company secretary—but what happens when it’s time to change or terminate one? Whether due to non-performance, business restructuring, or loss of trust, terminating a company secretary involves specific legal steps to remain compliant with the Companies Act 2016.

This guide explains when and how you can legally remove or replace your company secretary in Malaysia.

 

When Should You Terminate a Company Secretary?

Some common reasons include:

  • Poor communication or unresponsiveness

  • Repeated late filings leading to SSM penalties

  • Lack of proactive compliance guidance

  • Change in business direction or management

  • Secretary resigns or stops responding

The law allows companies to remove or replace a secretary at any time, as long as proper procedures are followed.

 

Legal Grounds for Termination

Under the Companies Act 2016, a company can terminate its secretary:

  • Voluntarily via board resolution

  • Upon resignation submitted by the secretary

  • Automatically, if the secretary becomes disqualified (e.g. struck off, bankrupt)

The company must appoint a new secretary within 30 days of termination to remain compliant.

 

Steps to Terminate and Replace a Company Secretary

1. Pass a Board Resolution

A formal board resolution must be passed to:

  • Accept the current secretary’s resignation or

  • Terminate the secretary with immediate effect

 

2. Notify the Secretary in Writing

Issue a termination letter or acceptance letter for resignation. This should clearly state the effective date of termination.

 

3. Lodge Changes with SSM

You must update SSM via the MyCoID portal, filing the:

  • Resignation notice (if initiated by the secretary) or

  • Termination notice (if initiated by the company)

 

4. Appoint a New Secretary

A new licensed company secretary must be appointed within 30 days. Failing to do so may result in compound fines.

 

Can a Secretary Resign Without Notice?

Yes. A company secretary can resign by submitting a resignation letter. If the company does not update SSM within 30 days, the company may be penalised.

It’s also possible for a secretary to lodge their own resignation through MyCoID, especially in cases where the company is unresponsive.

 

What If You’re Not on Good Terms with the Secretary?

If your current secretary is uncontactable, refusing to resign, or delaying filings, you can:

  • Prepare board minutes and evidence of attempts to reach them

  • Engage a corporate service provider like Consistant Info to guide you through forced replacement

  • Notify SSM and submit relevant statutory declarations (if needed)

 

How Consistant Info Makes It Easy

At Consistant Info, we help companies transition smoothly when replacing their company secretary. Our support includes:

  • Drafting the board resolution and termination letter

  • Filing changes with SSM via MyCoID

  • Appointing a new licensed secretary under our care

  • Ensuring all past filings are up to date

  • Providing digital access to documents and compliance tracking

 

Changing your secretary shouldn’t disrupt your operations. Let us handle your paperwork.

 

Ready for a Better Way Forward

Terminating your company secretary in Malaysia is a legal process, but it does not have to be difficult. Whether it is because of performance issues or a change in your business direction, it is important to follow the correct steps to protect your company’s status with SSM. Making a change is allowed and sometimes necessary to keep your business moving forward.

 

Choosing the right company secretary in 2025 is about more than just meeting legal requirements. It is about having someone you trust to support your business journey.
Consistant Info is a trusted Malaysian-based company secretarial service provider with over 19 years of experience. We help businesses stay in line with SSM rules, manage digital submissions, and handle all the key documents that keep a company running. Our team is professional, approachable, and always ready to assist when you need support.

 

Whether you are starting a new company or already managing an existing one, we make sure all your legal responsibilities are taken care of properly. Our fees are clear and reasonable, and we also offer simple online tools to make your work easier. Many business owners in Malaysia have given us positive reviews on Google, often highlighting our reliable service and helpful team.

 

If you are thinking about switching your company secretary, let Consistant Info make the process smooth and stress free. We are here to help you focus on running and growing your business with confidence.

 

Contact Consistant Info at: 011-3669 6823 or visit https://consistantinfo.com.my to book your free consultation with us now.

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