N
TruthVerse News

Do I need to appoint a company secretary?

Author

Jessica Hardy

Updated on March 19, 2026

Do I need to appoint a company secretary?

Do you have to appoint a company secretary? As of April 2008, however, the Companies Act 2006 no longer makes it a legal requirement for private limited companies to appoint a company secretary unless the articles of association state otherwise. Public companies are still required to have a secretary.

People also ask, when company secretary is required to be appointed?

Mandatory AppointmentThe Companies Act makes it compulsory for all listed companies and other companies with a paid-up share capital of Rs. 5 crores or more to appoint a specified list of full-time Key Managerial Personnel (KMP), which includes a Company Secretary.

Also Know, how do I appoint a company secretary? If you wish to appoint a person as your new company secretary you will need to complete the AP03 form. If you wish to appoint a corporate entity (another company) as your new secretary, you will need to file form AP04.

Correspondingly, does every company need a company secretary?

There is no longer a legal requirement for limited companies to appoint a company secretary, unless their articles of association states otherwise. If you do not remove this clause, you are legally required to have an appointed secretary at all times.

Who should be company secretary?

The secretary of a private limited company can be an individual person, including a director or shareholder. This role can also be held by another company or organisation, the firm's accountant or solicitor, a professional chartered secretary, or a company that provides administrative services.

Can a CS become CEO?

CS is now a KMP. CS is a good material for CEO provided he/she is on the learning curve. Usually for posts such as CFO or Company secretary you would require a professional degree but for the CEO position you don't require such professional degrees although in some cases you might need an MBA.

What is the position of company secretary?

The company secretary is responsible for the efficient administration of a company, particularly with regard to ensuring compliance with statutory and regulatory requirements and for ensuring that decisions of the board of directors are implemented. Despite the name, the role is not clerical or secretarial.

Can a company secretary be appointed in more than one company?

As per Companies Act, 2013 Company Secretary shall be considered as Whole Time Key Managerial Personnel of Company. As per Section 203(3)(a) A whole-time key managerial personnel shall not hold office in more than one company except in its subsidiary company at the same time.

Can you have two company secretaries?

There is no longer a requirement to have a company secretary however you may add one if you wish. You may appoint one or more secretaries for your company. The secretary would normally attend to the filing and compliance issues associated with Companies House.

Who is a whole time company secretary?

“8A. Every private company which has a paid up share capital of ten crore rupees or more shall have a whole -time company secretary.”. 3.

What is the salary of CS?

Average Annual Salary of CS
Freshers who pass the exam in the first attempt are paid average salaries ranging up to Rs 4.1 lakh per annum by private corporates. Government undertakings pay the same salary irrespective of the number of attempts required to pass.

Is a company secretary a prescribed officer?

“Despite not being a director of a particular company, a person is a „prescribed officer? of the company for all purposes of the Act if that person – a. Consider the example of a company secretary that attends board meetings. Their attendance does not automatically make them prescribed officers.

What is a company secretary liable for?

A company secretary can held accountable for any breaches of the Companies Act, and in the same way as directors, may be held personally liable for financial losses incurred by the company or its creditors due to negligence.

What are the qualities of a company secretary?

What makes a good company secretary?
  • Governance expertise: Company Secretaries should be the corporate governance professional in their organisation – they should be the 'go to' person for governance issues.
  • Organisational knowledge.
  • Planning skills.
  • An eye for detail.
  • Effective communication.
  • Integrity and independence.
  • Solid judgment.
  • Commitment.

Are company secretaries liable for company debts?

A company secretary can held accountable for any breaches of the Companies Act, and in the same way as directors, may be held personally liable for financial losses incurred by the company or its creditors due to negligence.

Why is a company secretary important?

A company secretary is responsible for ensuring the smooth administration of the company. They usually assume responsibility for the following important areas: compliance with corporate governance and other financial and legal regulations; provision of strategic advice to the company's board of directors.

Can a company secretary take dividends?

A public limited company has to have at least two directors and a company secretary who is formally qualified. A private company will pay dividends to shareholders based on profits for the year. Dividends are taxable as investment income although tax rates for dividends are typically lower than rates of income tax.

Is company secretary a director?

Whether the company for which you are working is private or public, you must understand your obligations as an officer of the company. The Companies Act contains many requirements and around 150 offences. In many smaller private companies, the company secretary is also a director.

How can I remove a company secretary?

Directors must approve a resolution to remove a secretary – this can be done at a board meeting or by written resolution. Record the removal or resignation in the company's statutory register of secretaries. Notify Companies House on Form TM02 within 14 days of the removal or resignation.

Is it compulsory for all companies to appoint a whole time company secretary?

Mandatory Appointment
The Companies Act makes it compulsory for all listed companies and other companies with a paid-up share capital of Rs. 5 crores or more to appoint a specified list of full-time Key Managerial Personnel (KMP), which includes a Company Secretary.

Can a director remove a company secretary?

A secretary can be removed from a private limited company at any time by a simple majority vote of the director(s) or ordinary resolution of the members, subject to any service contract in force. Directors must approve a resolution to remove a secretary – this can be done at a board meeting or by written resolution.

How do I resign as a company secretary?

A secretary can be removed from a private limited company at any time by a simple majority vote of the director(s) or ordinary resolution of the members, subject to any service contract in force. Likewise, a secretary may resign by giving notice in writing, subject to the terms of the service contract.

What does a company secretary do UK?

Secretaries often take on responsibility for things like PAYE and payroll, pensions, VAT registration and managing the company's offices and legal matters – a company secretary will often take on responsibility for other legal duties the company has to fulfil, such as health and safety, directors' responsibilities, and

Is company secretary a good job?

Yes, the position of company secretary is a good career move because Company Secretary is an professional course and also there is the minimum eligibility required for the Foundation course for Company Secretary is 10+2 or an equivalent examination.

Can a company secretary resign?

A secretary can be removed from a private limited company at any time by a simple majority vote of the director(s) or ordinary resolution of the members, subject to any service contract in force. Likewise, a secretary may resign by giving notice in writing, subject to the terms of the service contract.

Related Documentation

Is UFC 232 on DAZN?

Is Accutane still prescribed for acne?

How long does it take to drive from Ottawa to New York?

Do I need to appoint a company secretary?