Does a resigning Company Secretary have to be replaced?

Ste_C

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.

Trust_2

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

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

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?