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