Can I appoint or remove a company secretary after the company is incorporated?

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Does anyone know whether a company is locked in to its secretary after incorporation? We registered with a certain individual, but she is no longer able to carry the position out. She may need to be removed, ideally, and we must appoint a new one. Is that permitted?

Answers

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Yes, a company director has the power to appoint or remove a company secretary at any time after incorporation. The Companies Act 2006 does not stipulate any rules for the appointment and removal of secretaries of private companies - the processes and rules should be outlined in your articles of association, so you can choose to remove a secretary whenever you like, as long as the termination adheres to any clauses you have chosen to add to the articles.

You must notify Companies House within 14 days of appointing or removing a secretary. You can do this completing Companies House form AP03 (appointment) or TM02 (removal) and submitting by post or online via WebFiling. You can also send this information free of charge through a company formation agent.

a year ago
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