Ltd Co. Can director be Company Secretary?

Ltd Co. Can director be Company Secretary?

Author
Discussion

AdeTuono

7,262 posts

228 months

Saturday 8th March 2008
quotequote all
Quick A; yes.

billb

3,198 posts

266 months

Saturday 8th March 2008
quotequote all
quick question 2 does the company sec have to do anything / are they liable for anything?

UpTheIron

3,998 posts

269 months

Saturday 8th March 2008
quotequote all
billb said:
quick question 2 does the company sec have to do anything / are they liable for anything?
Quick Answer: Yes.

http://www.companieshouse.gov.uk/about/gbhtml/gba1...

Eric Mc

122,085 posts

266 months

Saturday 8th March 2008
quotequote all
Under current law, a company directort can be the company secretary as well. BUT, if there is only one director in the company, that person CANNOT be the secretary as well. Someone else needs to be found.

However, the Companies Act 2006 will allow the position of secretary to be abolisherd. All companies being set up under the new rules will automatically not have this position as part of the initial set up. Already existing companies will need to pass a special resolution allowing the position of sectretary to be disnsed with. As long as the Memorandum and Articles of the company still require a company srecretary, than that post will be required for that company.

billb

3,198 posts

266 months

Saturday 8th March 2008
quotequote all
Eric Mc said:
Under current law, a company directort can be the company secretary as well. BUT, if there is only one director in the company, that person CANNOT be the secretary as well. Someone else needs to be found.

However, the Companies Act 2006 will allow the position of secretary to be abolisherd. All companies being set up under the new rules will automatically not have this position as part of the initial set up. Already existing companies will need to pass a special resolution allowing the position of sectretary to be disnsed with. As long as the Memorandum and Articles of the company still require a company srecretary, than that post will be required for that company.
just to confirm does that mean if i set up a ltd company now then I dont need a comp sec?

Thanks

Eric Mc

122,085 posts

266 months

Saturday 8th March 2008
quotequote all
Not sure.

The section containing the new rules on secretaries is coming into effect in April, I think.

7even

462 posts

194 months

Sunday 9th March 2008
quotequote all
cant your accountant be registered as the company secretary?

Edited by 7even on Sunday 9th March 22:00

Eric Mc

122,085 posts

266 months

Sunday 9th March 2008
quotequote all
Not all want to offer that service. I certainly don't.

JustinP1

13,330 posts

231 months

Sunday 9th March 2008
quotequote all
7even said:
cant your accountant be registered as the company secretary?

Edited by 7even on Sunday 9th March 22:00
A lot of the formation agencies offer this, for a price.

Eric Mc

122,085 posts

266 months

Monday 10th March 2008
quotequote all
Accountants generally don't want to appear as "officers" of their client companies. It would compromise their independence and is definitely barred if the accountant is also the statutory auditor.