We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Does a resigning Company Secretary have to be replaced?

Options
I know secretaries are no longer required, but what if the a secretary was appointed before the change in legislation?

I'm presuming they don't need replacing but I just wondered if there were any specific acts or something which might be in the memorandums and articles which said they were needed.

The secretary in question was originally appointed in 2007.

Comments

  • Trust_2
    Trust_2 Posts: 369 Forumite
    currently you do not have to replace a comp sec, but without knowing the business structure, you will be best to speak to comp-house and check out.
  • Ste_C
    Ste_C Posts: 676 Forumite
    Thanks.

    1. Do I need a company secretary?
    From 6 April 2008 a private company does not have to have a company secretary (unless its articles of association explicitly requires the company to have a secretary). An existing private company that decides to terminate the appointment of their secretary must notify that termination to Companies House on a form 288b. A public company still needs to have a company secretary.
    When you appoint a secretary you must notify Companies House of the appointment, any change of details or the termination of the appointment."


    Suppose I'll just have to go through the articles. It's only a small, private Ltd co. Basically a 1 man band who was self employed but incorporated for Tax purposes.
  • Trust_2
    Trust_2 Posts: 369 Forumite
    Steve,

    I would phone their call centre to check only takes a minute and they are good, judging by your information the answer will be you don't and just continue as normal, presume there are no shares rights involved?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.8K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.7K Work, Benefits & Business
  • 598.6K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.