Duties of a company secretary


The law is exact regarding the duties of a company secretary. The duties are regulated by section 88 of the act.

Duties of company secretary

Section 88
(1) A company’s secretary is accountable to the company’s board.
(2) A company secretary’s duties include, but are not restricted to—
(a) providing the directors of the company collectively and individually with
guidance as to their duties, responsibilities and powers;
(b) making the directors aware of any law relevant to or affecting the company;
(c) reporting to the company’s board any failure on the part of the company or a
director to comply with the Memorandum of Incorporation or rules of the
company or this Act;
(d) ensuring that minutes of all shareholders meetings, board meetings and the
meetings of any committees of the directors, or of the company’s audit
committee, are properly recorded in accordance with this Act;
(e) certifying in the company’s annual financial statements whether the company
has filed required returns and notices in terms of thisAct, and whether all such
returns and notices appear to be true, correct and up to date;
(f) ensuring that a copy of the company’s annual financial statements is sent, in
accordance with this Act, to every person who is entitled to it; and
(g) carrying out the functions of a person designated in terms of section 33(3)