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Who appoints the first company secretary of a public company or a state-owned company?

Chapter 3 – Question 12

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

The first company secretary of a public company or a state-owned company may be appointed either by the incorporators of the company or within 40 (forty) business days after the incorporation of the company, by either the directors of the company or an ordinary resolution of the holders of the company’s securities.
Source: Sections 86(3)(a), 86(3)(b)(i)(ii) of Companies Act 71 of 2008; section 86(3A)(a)(b) of Companies Act 71 of 2008 as inserted by section 54(b) of Act 3 of 2011; Companies Regulation 44


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