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A 1931 Act Company, whether public or private, is required by statute (s.19 of the Companies Act 1982) to have a company secretary. Where the company is private, the secretary can be either a natural person or a corporate body. However if the company is a public company the secretary must be a natural person who in the opinion of the directors has adequate knowledge and experience of the duties and responsibilities of a company secretary and in addition must meet one of the requirements as set out in s.19 (4) – for example, be a member of the Institute of Chartered Secretaries and Administrators.

In contrast there is no statutory requirement for a company formed under the 2006 Act to have a company secretary, it can of course choose to do so. Care needs to be taken however to check that there is no express provision in the Articles of Association of the Company requiring the company to have a company secretary.

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