(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.
A public company must have a secretary.
(1) If it appears to the Secretary of State that a public company is in breach of section 271 (requirement to have secretary), the Secretary of State may give the company a direction under this section.
(2) The direction must state that the company appears to be in breach of that section and specify—
(a) what the company must do in order to comply with the direction, and
(b) the period within which it must do so.
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