(i) Declaration By Director (Section 201)
A director must sign his/her statutory declaration form director before his/her appointment as director of Company to confirm that he/she is not undischarged bankrupt and have not convicted any offences in connection with the promotion, formation or management of a corporation; involving fraud or dishonesty punishable on conviction with imprisonment for three months of more whether within or outside Malaysia.
(ii) Declaration by person before appointment as Secretary (Section 236(3))
A secretary must sign and confirm that he/she is qualified to act as secretary pursuant to Section 235 and signify her/her consent to act as secretary of the company.
(iii) Company Constitution
For adoption of Company Constitution is optional. Constitution (previously refer to Memorandum & Article of Association). A company can choose to have or not to have a Company Constitution.
Without its own constitution, the company, each director and member shall have the rights, powers, duties and obligations as set out in the CA 2016.
If required by the company, Company will need to file a copy of the Constitution of the company with the Companies Commission of Malaysia within 30 days from the date of the adoption.
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