We have been asked almost everyday from our clients on How to appoint new director for their company.
Not surprisingly, appointment of new director has been the most conducted corporate exercise by us, other than preparing board resolution to open bank account.
Let’s see how to go about it.
4 Steps To Appoint New Director
- Email or deliver the IC of the new director to your company secretary.
- The Company Secretary will prepare the Form 49, 48A & board resolution.
- Board of directors must approve by sigining the board resolution to appoint new director.
- The company secretary will submit the Form 49, 48A & board resolution to SSM for registration.
Qualification To Be A Director
Before a person can be appointed as a director of a company in Malaysia, he/she must fulfill the following conditions:
- He/She must be 18 years old & above
- He/She is not an bankrupt;
- He/She has not been convicted of any offence (except traffic offence); and
- He/She has not been imprisoned for the past 5 years.
What is Form 48A?
Every new director must sign the Form 48A (Statutory Declaration By A Person Before Appointment As Director, Or By A Promoter Before Incorporation Of Corporation) and have the Form 48A attested by the Commissioner for Oaths / Notary Public.
The new director gives his/her consent to act as director by executing the Form 48A and the Form 48A will subsequently be submitted to SSM for registration purposes.
A copy of Form 48A will also be delivered to Insolvency Department for record purposes.