TUTORIAL 1 - COMPANY SECRETARY

Answer the following questions.

1) State qualifications and disqualifications of a company secretary according to the

provisions of the Companies Act, 2016.

2) Describe the procedure to appoint a company secretary

3) Explain the content of declaration form which a person must sign prior to his/her
appointment as secretary as required in Section 236(3), Companies Act 2016.

4) Explain on the issue of dual capacity as in Section 242 of Companies Act 2016.

5) Explain about the provision of Section 241, Companies Act 2016 for company
secretary to be registered with the Companies Commission of Malaysia (CCM) and
state the particulars of company secretary that required to be registered.

6) Discuss about the following picture in relation to the company secretary job.

7) Compare resignation and removal of a company secretary.

8) Your friend, Soleha, is the company secretary of Berkat Sari Sdn Bhd (Berkat Sari), a
trading company located in Paroi Jaya, Seremban. She has been giving secretarial
services to the company for about two years now. However, due to economic
downturn, the business of Berkat Sari has started to decline in these past recent years.
As a result, Soleha was beginning to experience difficulties in giving services to the
company since last year because she was unable to get the information from the
management of the company. In fact, she has not been able to communicate with any
of the directors, neither Mr Othman Ali, nor his spouse, Madam Siti Rohani at their
last known address. Soleha is considering resigning as the company secretary of
Berkat Sari and is seeking for your advice.

a. Advise Soleha the best course of actions the secretary can take to avoid any
liability when none of the directors of Berkat Sari can be communicated.

b. Highlight to Soleha on her liability towards Berkat Sari after her resignation
from the position.