Company formation FAQ - the secretary of a public company

The role and duties of the secretary of a public company are much the same as outlined above. The main difference is that, for a public company, the secretary must be adequately qualified to hold the position.

The secretary of a public company must be a person who:

• held the office of secretary or assistant or deputy secretary on 22 December 1980; or
• for at least three of the five years before their appointment, held the office of secretary of a non-private company; or
• is a barrister, advocate or solicitor called or admitted in any part of the United Kingdom; or
• is a person who, by virtue of his or her previous experience or membership of another body, appears to the directors to be capable of discharging the functions of secretary; or
• is a member of any of the following bodies:
  • the Institute of Chartered Accountants in England and Wales;
  • the Institute of Chartered Accountants of Scotland;
  • the Institute of Chartered Accountants in Ireland;
  • the Institute of Chartered Secretaries and Administrators;
  • the Chartered Association of Certified Accountants;
  • the Chartered Institute of Management Accountants (formerly known as the Institute of Cost and Management Accountants); or
  • the Chartered Institute of Public Finance and Accountancy