Question 1

Who is responsible for company secretarial and SSM filings for foreign-owned Sdn Bhd companies in Malaysia?

Accepted Answer

In Malaysia, all Sdn Bhd companies, including those 100% foreign-owned, are legally required to appoint a qualified company secretary. This secretary is responsible for ensuring compliance with the Companies Act 2016 and managing all statutory filings with the Companies Commission of Malaysia (SSM). Professional firms like incorp specialize in providing these essential services, helping businesses navigate complex regulatory requirements.

Question 2

What are the key company secretarial duties for a foreign-owned Sdn Bhd in Malaysia?

Accepted Answer

Key duties include maintaining statutory registers, preparing and filing annual returns, updating company records with SSM, and advising the board on compliance matters. A professional company secretary also ensures that board meetings and general meetings are properly convened and documented, safeguarding the company's legal standing. incorp ensures all these obligations are met efficiently, allowing foreign investors to focus on their core business operations.

Question 3

How does incorp assist foreign-owned Sdn Bhd companies with compliance in Malaysia?

Accepted Answer

InCorp Malaysia provides comprehensive company secretarial services, acting as the appointed secretary for foreign-owned Sdn Bhd companies. Our experts manage all SSM filings, corporate governance, and regulatory compliance, leveraging over 20 years of experience in the Malaysian market. This ensures your company adheres to all local laws, minimising risks and potential penalties.

Question 4

:What are the consequences of non-compliance with SSM regulations for Sdn Bhd companies?

Accepted Answer

Non-compliance can lead to severe penalties, including fines, imprisonment for directors, and even the striking off of the company from the SSM register. For instance, failure to file annual returns can result in fines up to RM50,000 for the company and its directors. Engaging a reliable partner like incorp helps mitigate these risks by ensuring timely and accurate submissions.

Question 5

Can a foreigner be a company secretary for their own Sdn Bhd in Malaysia?

Accepted Answer

No, a foreigner cannot directly act as a company secretary for their Sdn Bhd in Malaysia unless they are a resident in Malaysia and are a member of a professional body prescribed by the Minister of Domestic Trade and Consumer Affairs. The Companies Act 2016 mandates that a company secretary must be a natural person, ordinarily resident in Malaysia, and a member of a professional body approved by the Minister. Therefore, foreign-owned companies typically appoint a professional firm like InCorp Malaysia to fulfil this statutory requirement.

Question 6

What is the typical timeline for completing annual SSM filings for a Sdn Bhd in Malaysia?

Accepted Answer

Annual returns must be filed with SSM within 30 days from the anniversary of the company's incorporation date, while financial statements must be lodged within 30 days from the circulation date to members. For example, if your company was incorporated on January 15, 2026, the annual return would be due by February 14, 2027. incorp proactively manages these deadlines, ensuring all filings are submitted well in advance to avoid late penalties.

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