Letter Of Consent To Accept The Appointment As A Director for Malaysia

Letter Of Consent To Accept The Appointment As A Director Template for Malaysia

A Letter of Consent to Accept the Appointment as a Director is a formal document required under Malaysian law, specifically under Section 198 of the Companies Act 2016, where an individual formally accepts their appointment as a director of a company. This document serves as official confirmation that the appointee willingly accepts the position and understands their responsibilities. It includes declarations regarding the appointee's eligibility, confirmation that they are not disqualified under Malaysian law, and acknowledgment of their duties and obligations as a director. The letter is a crucial component of corporate governance documentation in Malaysia and is required for registration with the Companies Commission of Malaysia (SSM).

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What is a Letter Of Consent To Accept The Appointment As A Director?

The Letter of Consent to Accept the Appointment as a Director is a mandatory document required by Malaysian corporate law when appointing new directors to a company's board. This requirement is explicitly stated in Section 198 of the Companies Act 2016, which mandates that every person appointed as a director must provide written consent to act in this capacity. The document is used during the director appointment process and must be filed with the Companies Commission of Malaysia (SSM). It serves multiple purposes: confirming the appointee's willingness to serve as a director, declaring their eligibility under Malaysian law, acknowledging understanding of directorial duties, and providing necessary personal information for regulatory compliance. The letter is particularly important as it forms part of the company's official records and helps establish the legal relationship between the director and the company.

What sections should be included in a Letter Of Consent To Accept The Appointment As A Director?

1. Letter Header: Including date, addressee (company name and address), and reference number if applicable

2. Subject Line: Clear indication that this is a consent letter for director appointment

3. Personal Details: Full name, ID/passport number, residential address of the prospective director

4. Consent Statement: Clear and unequivocal statement of consent to act as director of the named company

5. Eligibility Confirmation: Declaration that the person meets all legal requirements to act as director under Malaysian law

6. Statutory Declaration: Confirmation that the person is not disqualified under the Companies Act 2016

7. Acknowledgment of Duties: Statement acknowledging understanding of director's duties and responsibilities

8. Signature Block: Space for signature, name, and date of execution

What sections are optional to include in a Letter Of Consent To Accept The Appointment As A Director?

1. Additional Qualifications: List of relevant qualifications and experience (particularly relevant for regulated industries or public listed companies)

2. Specific Role Details: If the appointment is for a specific role (e.g., Executive Director, Independent Director) or specific board committees

3. Shareholding Declaration: Declaration of any shares held in the company or related companies (particularly important for listed companies)

4. Conflict of Interest Declaration: Declaration of any potential conflicts of interest, if applicable

5. Corporate Governance Compliance: Additional declarations required for listed companies under the Malaysian Code on Corporate Governance

What schedules should be included in a Letter Of Consent To Accept The Appointment As A Director?

1. Identity Document: Copy of NRIC/Passport as verification of identity

2. Form 48A: Statutory declaration confirming eligibility to act as director (if required by company)

3. Professional Certificates: Copies of relevant professional qualifications (if referenced in the letter)

4. Directors' Educational Training Certificates: Copies of mandatory director training certificates, if already completed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant legal definitions

Act
Appointment Date
Board
Company
Constitution
Director
Identity Card
Registrar
Secretary
Board Resolution
Companies Commission
Corporate Representative

Clauses

Consent Declaration
Personal Details
Qualification Confirmation
Legal Eligibility
Disqualification Declaration
Duties Acknowledgment
Conflict of Interest
Confidentiality
Data Protection
Corporate Governance
Regulatory Compliance
Board Meeting Attendance
Fiduciary Duties
Document Execution

Relevant Industries

Financial Services

Manufacturing

Technology

Real Estate

Healthcare

Energy

Telecommunications

Retail

Education

Professional Services

Mining

Agriculture

Construction

Transportation

Hospitality

Relevant Teams

Legal

Corporate Secretarial

Compliance

Corporate Governance

Board of Directors

Executive Management

Administrative

Risk Management

Relevant Roles

Company Director

Executive Director

Non-Executive Director

Independent Director

Managing Director

Company Secretary

Chief Executive Officer

Board Chairman

Compliance Officer

Corporate Governance Officer

Legal Counsel

Board Committee Member

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Media Consent

A Malaysian-compliant legal document granting permission for the use of an individual's image, voice, or likeness in various media formats.

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What is a Letter Of Consent To Accept The Appointment As A Director?

What sections should be included in a Letter Of Consent To Accept The Appointment As A Director?

What sections are optional to include in a Letter Of Consent To Accept The Appointment As A Director?

What schedules should be included in a Letter Of Consent To Accept The Appointment As A Director?

Authors

Alex Denne

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