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Company Secretary under Companies Act 1985

Company Secretary under Companies Act 1985

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A company was incorporated under the Companies Act 1985 and adopted the relevant Table A for its Articles as amended by about 20 clauses in areas where it was felt that Table A shouldn't be followed (the usual areas relevant to one-man companies).

The Articles have not been updated following Companies Act 2006. The existing Articles don't state that a Company Secretary is required.

The Company Secretary has now resigned. What options are open to the company please? Is a Company Secretary now required given that the existing Articles don't require one?

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Locutus of Borg
By Locutus
02nd Aug 2013 16:14

Company secretary not required

Since the introduction of the Companies Act 2006, only public companies are required to have company secretaries, regardless of the original Act that the company was incorporated under.

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By Bluffer
05th Aug 2013 11:14

Thank you Locutus

I knew about the 2006 Act provisions but was under the mistaken impression that if the Articles refer to a Company Secretary (even if only duties thereof) then a Secretary was still required. 

 

Thanks again.

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