The company secretary

This subtopic gives practical guidance on the requirements of the Companies Act 2006 (CA 2006), common law and other regulations in relation to the appointment, retirement, resignation and removal of a company secretary. Content within this subtopic also summarises the role, responsibilities and liabilities of a company secretary.

Appointment, retirement, resignation or removal of a company secretary

A public company must have a company secretary, who must have the requisite knowledge and experience to be the company secretary and have certain specified qualifications.

A private company does not need to have a company secretary, unless its articles of association require it to have one, but a private company may choose to appoint a company secretary despite not being required to do so. A company secretary of a private company does not need to have any particular qualifications.

On incorporation, the first company secretary of a company is appointed by giving their details in the application to register a new company

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