Q. Do I still need a secretary after April 2008?
A. From 6th April 2008 private companies will have the option whether or not they have a company secretary. If the company decide to no longer have a secretary after that date they will need to inform Companies House on form TM02.
Q. When will the company secretary changes come into force?
A. On 6th April 2008 the provision for enabling private companies to choose whether they wish to have a company secretary, came into force.
Q. Can the company just have a sole director and no secretary?
A. Yes, as long as it is a private company and from 1st October 2008 that the director is a natural person.
Q. Must a secretary also be a natural person or can they be a corporate?
A. The new provisions relating to natural directors do not apply to secretaries. Secretaries can still be corporate.
Q. Will the company be required to amend the Articles?
A. The company will be required to amend the Articles if there is specific reference to the company having a secretary. However if the Articles only refer to the secretaries duties there is no need to make an amendment.
Q. When the company amends the Articles what documentation must be submitted to Companies House?
A. The company must submit a written or special resolution together with an updated version of the Articles.
Q. When do the remaining provisions relating to secretaries come into force?
A. These came into force on 1st October 2009 From that date secretaries who are an individual person are able to file a service address for the public record and corporate secretaries are required to give details of where they are registered and the registered company number, if applicable.