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Q：
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What is the definition of officer for a Malaysia Company?
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A：
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Under the Companies Act 2016 (CA 2016), the term "officer" is defined to encompass directors, secretaries, and employees of a company. A person cannot be appointed as an auditor of a company if they hold the position of an officer within that company. Therefore, an auditor is not regarded as an officer of the company.
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Q：
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What is the role of a Director in a Company?
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A：
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The company’s affairs are typically overseen by a group known as directors. The term "director" refers to anyone holding the position of director within a corporation. It also encompasses individuals whose directions or instructions the majority of directors follow, as well as any alternate or substitute directors.
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Q：
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What are the responsibilities of a Manager in a Company?
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A：
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The term "manager" of a company refers to the principal executive officer at any given time, regardless of the title used and whether or not they hold a directorial position. As such, the details of the chief executive officer (if one is in office) must be included in the company’s register.
A manager holds the position on a full-time basis, and the service agreement outlines the specific duties to be performed, the compensation to be received, as well as the rights and limitations associated with the role.
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Q：
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What is the function of a Secretary in a Company?
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A：
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The company secretary is an officer of the company with considerable authority over administrative tasks. It is the company secretary's responsibility to ensure the company adheres to all applicable regulations.
A company secretary must be a member of one of the professional bodies listed in the Fourth Schedule of the CA 2016 and licensed by the Companies Commission of Malaysia.
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Q：
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Is it compulsory for every company to have an auditor?
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A：
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Generally, every company is required to have an auditor whose primary role is to audit its accounts. However, certain private companies can qualify for audit exemption and thus, exempted from having an auditor.
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FAQ
