Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. COMPANY SECRETARY’S HANDBOOK (2021). Published by Genesis Corporate Services.
- Section 87(1) provides that a juristic person or partnership may be appointed to hold the office of a company secretary, provided that every employee of that juristic person who provides company secretary services, or partner and employee of that partnership, satisfy the requirements of section 84(5).
- In other words, that person must not be disqualified to serve as a director and at least one employee of that juristic person or one partner or employee of that partnership, satisfies the requirements of section 86(2).
- Section 86(2) provides that every company secretary irrespective of whether the appointment is made as required by section 86(1) or in terms of a requirement in a company’s MOI, as contemplated in sections 34(2) and 84(1)(c)(ii), must have the requisite knowledge of, or experience with relevant laws and be a permanent resident of the Republic, and remain so while serving in that capacity.
- Source: Sections 86, 87 of Companies Act 71 of 2008; Companies Regulation 44
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