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Companies Act 2006

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    Companies Act 2006

    2006 CHAPTER 46

    Existing Law

    Scotland

    Part 12: Company Secretaries
    Section 274: Discharge of functions where office vacant or secretary unable to act

    512.This section replaces section 283(3) of the 1985 Act. It provides for the situation where the office of secretary is vacant or there is no secretary capable of acting for any other reason. In these circumstances, if the company has an assistant or deputy secretary, then that person may fill the position of secretary; if not, any person authorised by the directors may do so. This section differs from section 283(3) of the 1985 Act by permitting the directors to authorise any person to act as secretary, rather than only an officer of the company.

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