Sole director resolution appointing a new secretary

Use this sole director resolution appointing a new secretary if your company only has one director and uses the model articles of association. When you only have one director it is all too easy for things to happen without proper record keeping, so this resolution will help you with that. It is unlikely that your company is legally required to have a company secretary, but you are free to choose to appoint one if you wish. They can be a specific appointment, or you could choose to simply add company secretarial duties to the role of an existing employee. This resolution appointing a new secretary will work for either situation. This resolution is passed when it is signed by your company's director.
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Board minutes accepting a secretary's resignation

Use these board minutes accepting a secretary's resignation as part of your company's internal process if your company secretary resigns from their post. They are for use by companies which have the model articles of association. Your directors should formally accept any resignation by your company secretary. One straightforward way to do this is at a board meeting. Use these minutes to document your company’s acceptance of a secretary’s resignation and comply with your legal record keeping obligations. If your company secretary resigns and you have accepted their resignation by using these board minutes, you must also file the correct form at Companies House and amend your register of secretaries.
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Appointment, resignation and removal of a company secretary
How to appoint a new company secretary
Q1:When can I appoint a new company secretary?

You can appoint a new secretary at any time after , so long as:

  1. The person you have in mind is eligible and suitable to be a , and has agreed to act as such. For guidance on the requirements for a and details of the role, see Choosing and appointing a company secretary.

  2. The proposed appointment would not contravene any provision in your 's of association, or (if you have one). The do not contain any specific provision to disallow such an appointment.

Once you have confirmed that you are able to appoint a new , you must then follow the process dictated by your 's to proceed with the appointment; for further guidance on this, see Q&A 2.


Q2:How can I appoint a new company secretary?

The process for appointing a will be dictated by what your and, if you have one, say. You should check these first.

If your has bespoke , you should check whether they contain any provisions about how a secretary should be appointed. If not, or if your has the , the most straightforward process for carrying out the appointment is for the to pass a approving it. See Q&A 3 for how to go about this.

If you intend to enter into a contract with the , which is recommended, then this must also be approved by the .

Once a secretary has been appointed, you must make sure you make the relevant filings at (see Q&A 5) and update the relevant (see Q&A 6).

If you wish to replace an existing , you will need to remove that person first; see Q&A 7 for guidance on the steps you need to take.


Q3:What approvals do I need to appoint a new company secretary?

This will depend on what your and, if you have one, say. You should check these first.

You will almost always need to pass a to approve the appointment.

  1. Usually, you should pass this at a , and you must ensure that minutes of this meeting are kept. For template minutes of a approving the appointment of a secretary, see Board minutes appointing a new secretary.

  2. Alternatively, the can be passed as a , but such a will only be passed once signed by all . For a template , see Written board resolution appointing a new secretary.

  3. If your has only one , the can be passed by the simply signing a to approve the appointment. For a template , see Sole director resolution appointing a new secretary.

Other approvals you may need will depend on your and, if you have one, – for example, a may require prior approval from one or more of your .


Q4:What do I need to do to replace a company secretary?

If your already has a secretary but you wish to replace that person, you will need to take steps to remove the existing secretary before appointing a new one. See Q&A 7 for guidance on how to remove an existing secretary from office.


Filing and record keeping if a new company secretary is appointed
Q5:What documents do I need to file at Companies House following the appointment of a company secretary?

Once you have appointed a , you must notify within 14 days of the appointment using the AP03 form if the new secretary is an individual, or the AP04 form if the new secretary is a .

You can file the form online using the Companies House WebFiling facility (if your is registered for online filing), or otherwise by posting a copy of the form to , Cardiff, CF14 3UZ.

Failing to file the AP03 or AP04 form within 14 days is an offence and could attract a fine for both the and the who are at fault, so it is important to make the filing on time.

You will also need to update certain following the appointment. For further guidance, see Q&A 6.


Q6:What registers and records do I need to update following the appointment of a new company secretary?

After appointing a new , you must update your .

This register should be kept at your 's , at a or on the .

If you keep your at your 's (either in electronic or paper form), you can simply update the relevant register on a computer or by hand. If you keep your on the run by , then will update the register when you submit the AP03 or AP04 form notifying it of the new appointment; see Q&A 5 for further information about this form.

Failing to keep the up to date is an offence and can attract a fine for both the and its .

For further information on how to set up and maintain the , see Keeping a register of secretaries.


Process for removal or resignation of a company secretary
Q7:In what circumstances can my company remove a company secretary?

You can remove a at any time and for any reason, subject to the following:

  1. If your is an of the , or has any other type of contract in place setting out their terms of engagement, it is important that you first check this contract.

    If the secretary is an of your , you may face the risk of a claim for or if you remove the secretary without consent (see Staff resignations and retirement for guidance on these). You should consider obtaining expert legal advice, including on whether a should be entered into, before taking steps to remove the secretary. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

    You should also check the secretary's contract for any restrictions on when and how they can be removed from office. They may, for example, be entitled to a .

  2. If there is a in place for your , you should check if any consents are required under this agreement before taking steps to remove the secretary. You are likely to need prior consent from one or more .

  3. If your is a , you are not required to have a . However, if your has bespoke of association which state that you must have a , you must make sure you appoint a new secretary at the same time as removing the existing person. The contain no such provision.

    For information about appointing a , see Q&A 1 and following.

To validly remove the from their post, you should follow the steps set out in Q&A 8.


Q8:What process do I need to follow to remove a company secretary?

Before proceeding to remove a from their post, it is important you first check there are no restrictions on your ability to do so, such as in any contract you have in place with them (see Q&A 7 for further information about this) or in a you have in place. If you have a , it is likely you will need the prior approval of one or more of your .

Otherwise, the process for removing a will be dictated by what your say. If your has bespoke , you should check whether they contain any provisions about how a secretary should be removed from office. If your has the , there are no such provisions.

In any event, you will almost certainly need the prior approval of your to remove a secretary; see Q&A 10 for how to go about this.

Once a secretary has been removed, you must make sure you make the relevant filings at (see Q&A 11) and update the relevant (see Q&A 6).


Q9:Can a company secretary resign?

Yes.

A can resign at any time, and for any reason, subject to the following:

  1. If your is an of the , or has any other type of contract in place setting out terms of engagement, it is important that you first check their contract. You should think about obtaining expert legal advice, including on whether a should be entered into with the , before accepting their resignation. They may also, for example, be entitled to a . For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

  2. If there is a in place for your , you should check if any consents are required under this agreement before accepting their resignation. You will likely need the prior approval of one or more of your .

  3. If your is a , you are not required to have a . However, if your has bespoke which state that you must have a , you must appoint a new secretary at the same time as removing the existing secretary (see Q&A 1 and following). The contain no such provision.


Q10:What should I do if my company secretary resigns?

You should check whether your 's contain any provisions for how a secretary should step down from office and, if so, follow these.

If not, and the do not contain any such provisions, you will almost certainly need to pass a to accept the resignation.

  1. The most straightforward way to do this is to pass a at a . You must also ensure that minutes of this meeting are kept.For template minutes of a accepting a 's resignation, see Board minutes accepting a secretary's resignation.

  2. Alternatively, the can be passed as a , but such a will only be passed once signed by all . For a template , see Written board resolution accepting a secretary's resignation.

  3. If your has only one , the can be passed by the simply signing a to approve the removal. For a template , see Sole director resolution accepting a company secretary's resignation.

If the secretary has entered into an agreement with your to provide services, or if there is a in place, you should check these for any contractual notice they are required to give.

If the secretary is an and has been for one month or more, they must give you at least one week's notice. If there is no contractual , then the secretary must give you reasonable notice when resigning; depending on the secretary's seniority, this may be considerably more than the one week minimum.

In any event, if the secretary is an , agreeing and entering into a will be most sensible for you to enable your to deal with all aspects of the relationship and address any potential claims.

Once a secretary has resigned, you must make sure you make the relevant filings at (see Q&A 11) and update the relevant (see Q&A 12).


Filing and record keeping if a company secretary leaves
Q11:What documents do I need to file at Companies House if a company secretary leaves?

Once a has resigned (see Q&A 9) or been removed (see Q&A 7), you must notify within 14 days of the removal using the TM02 form.

You can file the form online using the Companies House WebFiling facility (if your is registered for online filing), or otherwise by posting a copy of the form to , Cardiff, CF14 3UZ.

Failing to file the TM02 form within 14 days is an offence and could attract a fine for both the and the who are at fault, so it is important to make the filing on time.

You will also need to update certain following the removal. For further guidance, see Q&A 12.


Q12:What company registers and records do I need to update if a company secretary leaves?

After a leaves, you must update your .

This register should be kept at your 's , at a or on the .

If you keep your at your 's (either in electronic or paper form), you can simply update the relevant register on a computer or by hand. If you keep your on the run by , then will update the register when you submit the TM02 form notifying it of the resignation or removal; see Q&A 11 for further information about this form.

Failing to keep the up to date is an offence and can attract a fine for both the and its . For further information on how to set up and maintain the , see Keeping a register of secretaries.


Q13:Do I need to change my bank account if a company secretary leaves?

If a who resigns or is removed was a signatory to your 's bank account, the bank should be updated and the situation amended.


Q14:Do I need to change electronic records or files if a company secretary leaves?

You should ensure that you have access to all electronic records and files that were held by the leaving secretary. You may need to change relevant passwords for purposes.