Part 12Company secretaries

Private companies

270Private company not required to have secretary

1

A private company is not required to have a secretary.

2

References in the Companies Acts to a private company “without a secretary” are to a private company that for the time being is taking advantage of the exemption in subsection (1); and references to a private company “with a secretary” shall be construed accordingly.

3

In the case of a private company without a secretary—

a

anything authorised or required to be given or sent to, or served on, the company by being sent to its secretary—

i

may be given or sent to, or served on, the company itself, and

ii

if addressed to the secretary shall be treated as addressed to the company; and

b

anything else required or authorised to be done by or to the secretary of the company may be done by or to—

i

a director, or

ii

a person authorised generally or specifically in that behalf by the directors.