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Law: Goodbye company secretary – not quite

As from 6th April 2008, the requirement for a company secretary is abolished.

The role can remain as a voluntary position, ie it is up to those running the company whether to have one (and most will), but it is no longer enshrined in law to maintain the position.

This applies to all private companies, no matter their size, even those owned by public Companies.

The work of the company secretary of course remains, so if anyone was thinking of making the company secretary redundant, using the change in law as an excuse, they should need to show that the work she/he was doing was no longer required.

However it will not be possible to achieve this, so caution will have to be exercised.

Remember, among the many duties of a company secretary, are the need to keep the company honest, by authenticating company documents, counter-signing instruments in the company name and keeping abreast of legislation and filing deadlines.

In any new start up after 6 April, the Articles of Association can stipulate from the start whether a Secretary position is to be created.

If it is written in, then so it must be, but if not, then no position will exist, unless later created by carried motion to amend the articles.

Visit www.lawgistics.co.uk or call 0870 26 77 118 for more information.

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