Company Secretary

A private company does not have to have a company secretary under section 270(1).

Where the company elects not have one anything authorised or required to be given, sent or served upon the secretary should be sent to the company itself and if it is nonetheless addressed to the secretary then it will be deemed addressed to the company. If there is anything else that is required or authorised to be done to or by the secretary then it may be done by a director or a person authorised on behalf of the directors.

A company must keep a register of its secretaries under secion 275(1). Where there is a secretary the secretary has ostensible authority to act in administrative matters (Panorama v Fidelis [1971] 2 QB 711). From 01 October 2009 the first secretary is named in the statement of proposed officers in the application for registration and takes office on incorporation (s 12).

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles