Is it required for a company to maintain a record of its company secretaries if that company has voluntarily appointed a company secretary?
Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services.
Yes. Every company that makes an appointment contemplated in section 84(4) (statutory appointment of company secretary), irrespective of whether the company does so as required by that section 84 or voluntarily as contemplated in section 34(2), must maintain a record of its company secretaries, including in respect of each person appointed as company secretary of the company the name, including any former name of each such person, and the date of every such appointment.
If a firm or juristic person is appointed, the company must maintain a record of its company secretaries, including respect of each person appointed as company secretary of the company the name, registration number, and registered office address of that firm or juristic person and any changes in the particulars as they occur, with the date and nature of each such change.
To protect personal privacy, the Minister by Notice in the Gazette may exempt categories of names as formerly used by any person before attaining majority, or by persons who have been adopted, married, divorced, or widowed, or in other circumstances prescribed by the Minister.
Source: Sections 34(2), 84, 85(1), 85(2) of Companies Act 71 of 2008
Hard copy and E-Book Publications for the Professionals, Company Secretaries, Company Directors and Prescribed Officers, Members of CCs, Business Owners, Lecturers and Students on various business, compliance and legislative topics.
Yes. Every company that makes an appointment contemplated in section 84(4) (statutory appointment of company secretary), irrespective of whether the company does so as required by that section 84 or voluntarily as contemplated in section 34(2), must maintain a record of its company secretaries, including in respect of each person appointed as company secretary of the company the name, including any former name of each such person, and the date of every such appointment.
If a firm or juristic person is appointed, the company must maintain a record of its company secretaries, including respect of each person appointed as company secretary of the company the name, registration number, and registered office address of that firm or juristic person and any changes in the particulars as they occur, with the date and nature of each such change.
To protect personal privacy, the Minister by Notice in the Gazette may exempt categories of names as formerly used by any person before attaining majority, or by persons who have been adopted, married, divorced, or widowed, or in other circumstances prescribed by the Minister.
Source: Sections 34(2), 84, 85(1), 85(2) of Companies Act 71 of 2008
Hard copy and E-Book Publications for the Professionals, Company Secretaries, Company Directors and Prescribed Officers, Members of CCs, Business Owners, Lecturers and Students on various business, compliance and legislative topics.
Updated on: 23/05/2023
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