Directors
Author
Discussion

flatsix3.6

Original Poster:

756 posts

211 months

Thursday 8th April 2010
quotequote all
Does a ltd company have to have at least 2 directors and a company secretary(be it one director being the secretary) or can one director cover both roles.

Mattt

16,664 posts

248 months

Thursday 8th April 2010
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AFAIK under the recent rule changes, one individual can fulfil both roles now.

10JH

2,070 posts

224 months

Thursday 8th April 2010
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Mattt said:
AFAIK under the recent rule changes, one individual can fulfil both roles now.
Yeah that's right.

From businesslink - "As company secretary, you can be a director of the company, but don't have to be."

Size Nine Elm

5,167 posts

314 months

Thursday 8th April 2010
quotequote all
10JH said:
Mattt said:
AFAIK under the recent rule changes, one individual can fulfil both roles now.
Yeah that's right.

From businesslink - "As company secretary, you can be a director of the company, but don't have to be."
That was always the case - a company needed one director and a secretary. The rule change apparently means they can now be fulfilled by a single person.

therealpigdog

2,592 posts

227 months

Thursday 8th April 2010
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For private limited companies the only statutory requirement is that at least one director is a natural person (i.e. not a company). You don't need a company secretary anymore.

However, check your Articles of Association as they may need amending if you are planning on doing without a company secretary or reducing the number of directors as these may need to be altered to allow you to take advantage of the new regime. It is not a given that they allow this automatically.

Eric Mc

125,770 posts

295 months

Thursday 8th April 2010
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As per the previous post, new companies being set up NOW will not have the position of Ciompany Secretary as part of tehir normal set-up. A Secretary can still be appointed, but it is no longer compulsory.

Companies set up prior to October 2009 will have been established under the old 1985 Companies Act and will have had the position of Secretary automatically.

The Secretary of even old companies can now be got rid off but it may mean the company having to amend its Memorandum and Articles of Association.

richyb

4,615 posts

240 months

Thursday 8th April 2010
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I set up a limited company is the last 6 months and did not need to have a company secretary.

Eric Mc

125,770 posts

295 months

Thursday 8th April 2010
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richyb said:
I set up a limited company is the last 6 months and did not need to have a company secretary.
That makes sense.