| Commentary

25 No requirement for a private company to have a secretary

| Commentary

B: SECRETARIES

25 No requirement for a private company to have a secretary

A private company is not required to have a secretary1. Despite this, a private company may still consider it advisable to appoint a secretary to ensure the proper performance of filing requirements2, in which case the secretary will continue to have authority to execute documents3.

If a private company does not have a secretary, there could potentially be a problem where the Companies Act or some other provision authorises or requires an item (for example, a document) to be given or sent to the company (or served on it)

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