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Since April 2008 it has no longer been a legal requirement to have a company secretary for limited companies making it easier for you to operate if there is only one person involved in your business.
Unfortunately those who wish to eliminate this role should be aware that it is not sufficient to simply complete resignation forms and send them off. Your company will have something called a “Memorandum and articles of Association” that you will have received on the formation of a new company. If formed prior to April 2008, these will have a note included which refers to rules laid out in the Companies Act which specifies that each company must have a Company Secretary. To correctly change the memorandum on the resignation of a company secretary, a Special Resolution must be passed and details of the Minutes of the Directors Meeting need to be sent to Companies House along with the resignation form.
This will not affect many of you, but if it does and you don’t deal with the change correctly, the consequences could be that certain transactions or agreements you sign could be deemed to be invalid. In addition, large organisations such as banks and councils might decide not to deal with you if due diligence tests lead them to the conclusion that you are trading illegally.
If you intend to keep your company secretary or were formed since April 2008, this will not affect you. But if you are concerned, please email Hayley@a4gsolutions.co.uk.
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