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Who needs a Company Secretary?

It’s over six years since the requirement for every limited company to have a Company Secretary was removed.  Nonetheless, many of the Secretary’s duties remain in the Companies Acts.  If there is no Company Secretary, those obligations fall upon the directors.

Duties may include:

  • Maintaining the company’s public registers (including details of officers, shareholders, share transfers, mortgages, and so on)
  • Completing and filing the Annual Return at Companies House
  • Filing annual accounts at Companies House
  • Formulating resolutions for meetings of both directors and shareholders (including, for example, the supervision of the declaration or voting of dividends)
  • Drafting and maintaining minutes and associated paperwork for meetings of the directors and shareholders
  • Filing specified resolutions and related paperwork at Companies House

There can be varying unpleasant outcomes if such matters are not dealt with properly and on a timely basis.  Some will result in significant fines against the company or its officers. Others may mean actions are incomplete in law, bringing unexpected complications and costs at a later stage.

Many of the practical aspects of the work required in this area can now be dealt with using software.  Forms can easily be populated using stored data.  Information which must be sent to Companies House can be filed online.  However, reliable and comprehensive software is relatively expensive for small and medium companies, both to buy, and to master its use.

In practice nowadays, we undertake these obligations on behalf of the majority of our company clients, as part of the wider business services we offer.  Most directors find peace of mind in getting on with the things they do best, while handing the Company Secretarial duties over to those who are dealing with them every day, and who know the ropes without hours of tedious research.

If you want more information on our services for companies, contact Nadia Georges, or any of the partners.

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