Appointment, Resignation, Role & Responsibilities

Given the changing and increasingly demanding statutory and regulatory landscape that private companies find themselves operating in, it is more essential than ever that SME companies have the administrative processes in place to deal with these developments. Whilst it is not legislatively necessary for private companies to have a company secretary, it is considered sensible to have a trusted advisor that can play a pivotal role in the governance and administration of a company.

The guidance note on the role of the company secretary has been updated and significantly added to. This note considers amongst other things:

• whether a secretary is required;

• their appointment and removal;

• the register of secretaries;

• whom the company secretary is responsible to;

• their authority and liability; and

• their duties.

The guidance note is complemented by an updated template letter of resignation (for a company secretary) and board minutes (resignation and appointment of new company secretary).

These templates only relate to private limited companies.