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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  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
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
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Advocates and we are the appointed Solicitors to the largest webdesign
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Article Published/Sorted/Amended on Scopulus 2009-10-16 19:59:59 in Legal Articles