Company Secretary
Questions:
1. Are companies required to have a company secretary?
A private company is not required by the Companies Acy 2006 to have a secretary. However, a company's article may include an express provision that it has a secretary.
Every public company must have a secretary.
Sections 270 and 271, Companies Act 2006.
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Whether a particular private company needs to amend its Articles before it ceases to have a company secretary depends on the company's articles. It would not have to do so if its Articles simply require or authorise things to be done by or to a secretary or provide as to the manner in which, or terms on which, a secretary is to be appointed or removed, as would be the case if it had adopted the relevant provisions in Table A. However the company would have first to amend its Articles if these include an express provision that it have a company secretary.
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Any private company that has a secretary and every public company is required to enter their secretary's name and address in their Register of Secretaries and notify these details to the Registrar of Companies. The address required is a service address; this may be "the company's Registered Office".
Sections 275 and 276, Companies Act 2006
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