No Requirement for Company Secretary ?

Posted by Annepebo PM | on Sat, 28/08/2010 - 09:49 386 4 comments | report

Hi - I apologise in advance and please excuse me if there is an obvious answer - a Company Secretary wishes to resign from a company which was incorporated in 2004 and the Company's articles (in Table A) do refer to appointment of a Secretary. The Company does not wish to appoint a new Secretary as one is no longer required under the new (06) act. Is this possible and if so does the Board need to a) pass a resolution that a Secretary is no longer required and/or, b) amend its articles or c) must it appoint a new secretary. If a) or b) do the documents need to be lodged at Companies House. Or any combination or none of these options. ? Any advice would be appreciated, Thank you

Comments

Company Secretary

alastairfriend@... | Sat, 28/08/2010 - 10:12 | Permalink

The best way to approach this is that the Board need to minute the resignation of the Company Secretary and note under the Act 06 (section 270) there is no requirement to re appoint one and it does not need to appoint one. A form needs to be filed at Companies House for the resignation of the current one.

As regards the Articles and Table A (99), there is no need to change the Articles for this requirement, as the 2006 Act overrides the 1985 Act requirement to have to appoint one.

I hope this helps you

Alastair