MIA wishes to issue the following clarification for the attention of all members in relation to public practice services and company secretarial service, pursuant to the relevant legislation and MIA’s regulatory framework.

1. Members Conducting Public Practice Services Pursuant to the Registration of Businesses Act 1956

MIA wishes to remind all members that:

A business entity registered under the Registration of Businesses Act 1956 is prohibited under Section 4(d) of the same Act from offering public practice services.

Members are strongly advised to ensure full compliance with the provisions of both the Registration of Businesses Act 1956 and the Accountants Act 1967 to avoid regulatory action taken.

2. Members Practising in Company Secretarial Service

The Institute also wishes to outline the permitted circumstances under which members may engage in company secretarial service:

a. Scenario i

A MIA member who holds a valid Practising Certificate (PC) from both MIA and the Companies Commission of Malaysia (SSM):

• May offer company secretarial service through a firm or company where they serve as a partner or director.
• May also offer other public practice services, as defined under Rule 2 of the Malaysian Institute of Accountants (Membership and Council) Rules 2001, subject to the relevant credentials for audit and tax practice.
• This is to be read together with Rule 9(7) of the same Rules.

b. Scenario ii

A MIA member who holds a Secretarial License (LS) from SSM but does not hold a PC from MIA:

• May offer company secretarial service only, and
• Must first obtain a valid PC from SSM.
• Other Public practice services as defined under Rule 2 are not permitted.

c. Scenario iii

A MIA member without a PC from MIA, serving as an in-house company secretary:

• May act as a company secretary within the organisation that employs them.
• Must hold a valid PC from SSM.
• A declaration that the member is serving in-house must be submitted to SSM.

d. Scenario iv

A MIA member without a PC from MIA, employed by a secretarial firm:

• May act as a company secretary provided the member:
  • Is employed by a non-MIA member who is qualified to offer Company Secretarial service.
  • Holds a valid PC from SSM.
• A declaration confirming such employment must be submitted to SSM.

Compliance Reminder

Members are reminded to observe all applicable laws and MIA’s regulatory framework. Any breach of the relevant legislation or MIA’s rules and by-laws may result in disciplinary action.

Should members require further clarification, they are advised to contact the MIA Professional Practices & Technical team or refer to the relevant laws and regulations.

Issued by:
Malaysian Institute of Accountants (MIA)
www.mia.org.my

Date: 8 August 2025