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 and notifying ASIC of any changes in the details of the company(s)
secretaries and directors - sections 83,
142(2)
, 204C
, 205B
, 205A
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 proprietary/private company, need not have
a company secretary - section 204A(1)
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.
- A proprietary/private company usually has only one company secretary.
- If the company is to have one or more company secretaries, 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(1)
of the Corporations Act 2001.
- A company secretary must be a natural person - i.e. not, for example,
a body corporate, nor a trust, nor a partnership, nor a club - 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, and in the case of a proprietary/private company may even be
the sole director and sole member/shareholder of the company.
- 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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