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Is the commission permitted to convene a shareholders meeting to appoint a company secretary in the event that the company has failed to do so?

Chapter 3 – Question 35

Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services.

  1. Yes. If the board of a company fails to make the appointment of a company secretary as required by Part A of Chapter 3 of the Act, the Commission may issue a Notice to that company to show cause why the Commission should not proceed to convene a shareholders meeting for the purpose of making that appointment.
  2. If the company fails to respond to this Notice or, in responding, fails to satisfy the Commission that the board will make the appointment, or fails to convene a shareholders meeting to make the appointment within an acceptable period, the Commission may give notice to the holders of the company’s securities of a general meeting, and convene such shareholders meeting to make the appointment of company secretary for the company.
    Source: Section 84(6)(a)(b) of Companies Act 71 of 2008

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