A Resolution to Add Director is a crucial corporate document required under Malaysian law when appointing new directors to a company's board. This document is necessary whenever a company wishes to expand its board, replace departing directors, or fulfill statutory requirements for board composition. The resolution must comply with the Companies Act 2016 and the company's constitution, containing specific details about the appointee, the terms of appointment, and any special conditions. It serves as the legal basis for updating the company's records with the Companies Commission of Malaysia (SSM) and forms part of the company's permanent corporate records. The document is particularly important for ensuring proper corporate governance and maintaining transparency in the company's management structure.
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1. Company Details: Full legal name of the company, company registration number, and registered address
2. Meeting Details: Date, time, venue/mode of meeting, and type of meeting (Board/Shareholders)
3. Attendance and Quorum: List of directors present and confirmation of meeting quorum
4. Resolution Statement: Clear statement that the resolution is being made to appoint a new director
5. Appointee Details: Full name, identification/passport number, residential address, and nationality of the new director
6. Effective Date: Specified date from which the appointment takes effect
7. Compliance Statement: Confirmation that the appointment complies with the company's constitution and relevant laws
8. Authorization: Statement authorizing company secretary/officers to file necessary documents with SSM
9. Signature Section: Space for Chairman's signature and date of signing
1. Terms of Appointment: Include when specific terms such as remuneration, duration, or special conditions apply to the appointment
2. Independence Declaration: Required for appointment of independent directors, particularly in listed companies
3. Additional Positions: Include when the director is also being appointed to specific committees or positions
4. Shareholding Requirements: Include if the position requires the director to hold a minimum number of shares
5. Resignation/Removal of Existing Director: Include if the appointment is to fill a vacancy created by a departing director
1. Director's Consent to Act: Written consent from the appointee accepting the directorship
2. Director's Declaration: Declaration confirming eligibility and no disqualifications under Companies Act 2016
3. Form of SSM Notification: Draft of Section 58 notification to be filed with Companies Commission of Malaysia
4. Director's Profile: Detailed CV or profile of the new director (particularly important for listed companies)
5. Related Party Disclosures: If applicable, disclosure of any related party relationships or interests
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Retail
Healthcare
Real Estate
Energy
Transportation
Telecommunications
Professional Services
Education
Agriculture
Mining
Construction
Hospitality
Relevant Teams
Legal
Corporate Secretarial
Compliance
Corporate Governance
Board Administration
Executive Office
Administrative Services
Corporate Affairs
Regulatory Affairs
Relevant Roles
Chief Executive Officer
Company Secretary
Legal Counsel
Corporate Governance Officer
Board Secretary
Compliance Officer
Director of Legal Affairs
Corporate Services Manager
Legal Administrator
Board Relations Manager
Corporate Legal Manager
Governance and Compliance Director
Company Director
Managing Director
Executive Director
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