Following the recent Annual Dialogue 2022 conducted by Suruhanjaya Syarikat Malaysia (SSM) on 6 October 2022, SSM provided the presentation slides and Summary of Issues and Feedback for the public.
Issues that have been addressed include:
Whether or not the company secretary is allowed to resign via the MyCoID system without first obtaining the director's resolution.
There is a possibility that the director of the company may refuse to sign the resignation resolution that the company secretary has prepared.
Feedback:
Since Section 237(1) allows the company secretary to resign by giving notice to the board, the resignation of the secretary can be submitted in conjunction with the letter of resignation as well as the selection of a new secretary.
Under Section 237(2), if none of the company directors can be communicated with at the last known residential address, the secretary may, notwithstanding subsection 235(1), let the Registrar know of that fact and of his intention to resign from the office.
The secretary shall cease to be the secretary of the company:-
on the expiry of thirty days from the date of the notice lodged under subsection 237(1) or the period specified in the constitution or the terms of appointment, as the case may be; or
on the expiry of thirty days from the date of the notice to the Registrar under subsection (2).
Next, it is the obligation of the company to furnish SSM with a notification under the prerequisites outlined in section 58 of AS2016.
Comments