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Q：
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How can a director resign from a Malaysia company?
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A：
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A director can resign by submitting a written notice of resignation to the company. The resignation takes effect on the date specified in the notice or, if no date is mentioned, upon the company’s receipt of the notice.
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Q：
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What are the statutory requirements for a director’s resignation in Malaysia?
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A：
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Under the Companies Act 2016, a company must notify the Companies Commission of Malaysia (CCM) within 14 days from the date of the director’s resignation or upon receiving the resignation letter. This notification is made by lodging a notice of Change in the Register of Directors, Managers, and Secretaries pursuant to Section 58 of the Companies Act 2016.
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Q：
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Can a company refuse a director’s resignation?
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A：
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Generally, a company cannot refuse a director’s resignation unless the company’s constitution states otherwise. However, if the resignation leaves the company with no directors, the resignation may be delayed until a new director is appointed.
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Q：
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Can a sole director resign?
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A：
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A sole director cannot resign unless a replacement is appointed, as companies in Malaysia are required to have at least one director who is ordinarily resident in Malaysia.
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Q：
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Can a resigned director still be held liable for company matters?
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A：
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Yes, a former director can still be held accountable for any decisions or actions taken during his or her tenure, particularly in cases of breaches of fiduciary duty or regulatory non-compliance.
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FAQ
