Common Seal vs Official Seal in Malaysia
| Q: |
What is a Common Seal? |
| A: |
In Malaysia, a common seal is used by a company to imprint its name and registration number onto legal documents. It represents the company’s formal execution of documents and serves as the company’s official mark of authenticity for a body corporate. |
| Q: |
What is an Official Seal? |
| A: |
An official seal is a special seal that a company may use for documents outside Malaysia subject to the company’s constitution. It is essentially a replica of the company’s common seal, with the addition of the name of the place where it will be used. When properly affixed to a document, the official seal has the same legal effect as the common seal. |
| Q: |
Is Common Seal and Official Seal compulsory for a Malaysia Company? |
| A: |
No. Both Common Seal and Official Seal are optional under the Companies Act 2016. Companies can execute documents without using a seal by having authorised officers sign the document. |
| Q: |
Can a company have an Official Seal without a Common Seal? |
| A: |
No. An Official Seal can only be created if the company already has a Common Seal, as it is essentially a duplicate of the common seal with additional wording. |
| Q: |
Who is responsible for safeguarding the company seal? |
| A: |
In Malaysia, the company secretary or authorised officer usually keeps custody of the common seal. The seal should only be used with proper authorisation from the company’s board of directors. |

