Company
Secretaries
- A company secretary, being an officer of a company along with a
director, is responsible for various 'housekeeping' duties in relation to
the company. These duties include notifying ASIC of changes to the location
of the company's registered office, notifying ASIC of any changes in the
details of the company's secretary(s) and directors as well as lodging the
company's annual return - sections 83,
142(2)
, 204C
, 205B
, 205A
, 345
of the Corporations Act 2001; also ASIC's 'Checklist
for registered companies and their officers'. This link is not to
suggest that Incorporator has any association or affiliation with ASIC or
any sponsorship from, or endorsement by ASIC.
- The company, being a public company, must have at least one company
secretary - section 204A(2)
of the Corporations Act 2001. There is no upper limit on the number of company
secretaries. However for practical reasons Incorporator will only cater
for up to 5 company secretaries.
- The company need not have more than one company secretary - section
204A(2)
of the Corporations Act 2001.
- The company secretary, or at least one of the company secretaries, must
ordinarily reside in Australia, and therefore must have and nominate,
as the secretary(s)' usual residential address, an address in Australia
- section 204A(2)
of the Corporations Act 2001.
- A company secretary must be a natural person - i.e. not, for example,
a body corporate - section 204B(1)
of the Corporations Act 2001.
- A company secretary must be at least 18 years old - section 204B(1)
of the Corporations Act 2001.
- A company secretary may - but need not - also be one of the company's
directors.
- A company secretary may - but need not - also be one of the members/shareholders
of the company, and may even be the sole member/shareholder of the company.
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