Companies Act 2014 section 129

Secretaries

Section 129 sets out the requirements for appointing a company secretary, including who may serve in that role, how vacancies are handled, and the directors' responsibilities in ensuring the secretary is suitably qualified.

• Every company must have a secretary, who may be one of the directors, but a sole director cannot also serve as company secretary
• If the secretary's position is vacant or the secretary is unable to act, an assistant or deputy secretary — or, failing that, any officer authorised by the directors — may carry out the secretary's functions
• The directors appoint and may remove the secretary, and they determine the term, remuneration, and conditions of the appointment
• The directors have a duty to ensure the secretary has the skills or resources necessary to fulfil their statutory and other duties, including where a director is appointed as secretary