Do Companies Need to Keep a Register of Directors, Managers and Secretaries?
After setting up a company, you as the business owner need to keep a variety of documents. If you are not familiar with those documents and records, the documentation process can be very hectic. Thus, you can engage a corporate secretarial firm in Johor Bahru and let the professionals manage the documents you need to submit or keep, and you can have peace of mind on this matter. However, you still need to know some of the essential documents that you need to keep in your registered office. One of those is the register of directors, managers and secretaries.
The register should include the particulars of the company’s directors, managers and secretaries (Also see What are the Responsibilities of Company Secretaries?). For director, the information the register should contain include, but not limited to the director’s name, date of birth, his residential address and service address, as well as his business (Also see Common Accounting Mistakes made by Businesses) identification and occupation. Also, the register should include the information of the director’s other directorships on public companies or the subsidiaries of public companies, if there is any. For manager and secretary, the register should contain his name, residential address, business address (if any), identification as well as other occupation.
The word “identification” mentioned above stands for the identity card’s number for a person who holds an identity card. For an individual who does not have an identity card, identification refers to the particulars on the passport or other evidence of identification he has.
In the case of the director, if a person holds the position as a director (Also see Notifying the Particulars and Alterations in Company’s Director, Manager and Secretary) in one and above subsidiaries of a same holding company, disclosing the fact that the person holds one and above directorship in the group of companies will be enough. The group of companies may be described by the holding company’s name with the word “Group” added behind of it.
All the company members should be able to access the register without having to pay any charges. For any other person that wishes to inspect the register, he needs to pay RM10 or lesser based on the company’s requirement for the inspection. Besides, if the director’s particulars have changed, the company’s manager or secretary should record the alteration in the register in 14 days from the date the change took place.
A certificate of the Registrar, which states that from any returns submitted to the Registrar, it has shown that an individual was a company’s director, manager or secretary at a particular time stated in the certificate, should be allowed to be evidence in any legal proceedings. Also, the facts that the certificate has mentioned should be prima facie evidence.