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

_Estimated reading time: 30 seconds_

Written by Dr. Adv. Leigh Hefer & Jayne Hunter-Rhys. _COMPANY SECRETARY’S HANDBOOK (2021)._ Published by [Genesis Corporate Services](https://genesiscorporate.co.za/publications/publications/company-secretarys-handbook?utm_source=infodocs&utm_medium=blog&utm_campaign=Who appoints the first company secretary of a public company or a state-owned company?).

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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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.