The law regarding a company secretary


It is required by law to appoint a qualified or experienced person as a company secretary. Please read the extract below from the Companies Act, Act 71 of 2008. Please note that the act only came into effect on 1 May 2011

Mandatory appointment of company secretary

86. (1) A public company or state-owned company must appoint a person
knowledgeable or experienced in relevant laws as a company secretary.
(2) Every company secretary must be a permanent resident of the Republic, and must
remain so while serving in that capacity, irrespective of whether the appointment is
made as required by subsection (1), or voluntarily as contemplated in section 34(2).
(3) The first company secretary of a public company or state-owned company may be
appointed by—
(a) the incorporators of the company; or
(b) within 40 business days after the incorporation of the company, by either—
(i) the directors of the company; or
(ii) an ordinary resolution of the holders of the company’s securities.
(4) Within 60 business days after a vacancy arises in the office of company secretary,
the board must fill the vacancy by appointing a person whom the directors consider to
have the requisite knowledge and experience.