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9 October 2009

A private company does not have to have a company secretary under section 270(1).

Where the company elects not have one anything authorised or required to be given, sent or served upon the secretary should be sent to the company itself and if it is nonetheless addressed to the secretary then it will be deemed addressed to the company. If there is anything else that is required or authorised to be done to or by the secretary then it may be done by a director or a person authorised on behalf of the directors.

A company must keep a register of its secretaries under section 275(1). Where there is a secretary the secretary has ostensible authority to act in administrative matters (Panorama v Fidelis [1971] 2 QB 711). From 01 October 2009 the first secretary is named in the statement of proposed officers in the application for registration and takes office on incorporation (s 12).

Ben Evans is a Trainee Solicitor working with our internet and ecommerce team. Ben is specialising in information technology law and intellectual property law with an emphasis on IT, escrow, online and off-line contracts, and the buying and selling of online businesses. .He can be contacted at

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2009-10-16 19:59:59 in Legal Articles

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