ACCA LW Eng Syllabus F. Management, Administration And The Regulation Of Companies - Company Secretary - Notes
Private Companies
The Company Secretary duties can be performed by any director of the company, or any person they delegate those duties to
Public companies must still appoint a company secretary
They must be qualified by being any of the following:
(a) Qualified accountant
(b) A solicitor or barrister
(c) Qualified chartered company secretary
(d) A company secretary before 22nd December 1980
(e) A company secretary of a plc for 3 of the last 5 years
(f) Anyone else deemed fit to hold the post by virtue of any other position held
Duties of the Company Secretary include:
The actual duties of the company secretary are set by the board of directors, and as such vary. Some of the common duties undertaken by secretaries include:
Keeping the statutory registers
Submitting annual returns
Organising and attending board and general meetings
Ensuring statutory compliance
Signing Co. Act required documents
The company secretary has the power to bind the company in all transactions of an administrative nature via 'implied authority' Panorama Developments v Fidelis Furnishing