Company Secretary (Procedure to incorporate)- FS Flashcards
(8 cards)
Is it mandatory for a private limited company to appoint a company secretary under the Companies Act 2006?
No. Under Section 270 of the Companies Act 2006, a private limited company is not required to have a company secretary.
Can a private limited company choose to appoint a company secretary even though it is not required?
Yes. A private limited company may choose to appoint a company secretary, even though it is not mandatory.
Who is responsible for the company’s statutory filings if a company secretary is appointed?
While the company secretary may carry out filings, the directors remain legally responsible for compliance with statutory filing obligations.
What are the typical duties of a company secretary in a private limited company?
Typical duties include preparing meeting minutes, filing documents with Companies House, and managing other administrative tasks.
Can a company director also serve as the company secretary in a private limited company?
Yes. A director can also be appointed as the company secretary in a private limited company.
What information must be included on the IN01 form if a company secretary is appointed at incorporation?
If appointed, the company secretary’s name and service address must be listed on the IN01 incorporation form.
Are there any minimum statutory qualifications required to become a company secretary in a private limited company?
No. There are no statutory qualification requirements, such as having a degree, for someone to be appointed as a company secretary in a private limited company.
Who bears legal liability if a company secretary fails to fulfill filing duties?
Even if a company secretary is responsible for the filing task, it is the directors who are ultimately legally liable for any breach of statutory duties.
