In a private company, the company secretary is not legally required to have any formal qualifications. Nevertheless, it is a good idea for the company secretary to have some experience or training.
In a private company with only one director, that director cannot also be the company secretary. In addition:
- The company's auditor cannot be the company secretary.
- An undischarged bankrupt cannot be the company secretary (unless given permission by the court).
In a public company, the directors have a responsibility to ensure that the company secretary is someone with the right knowledge and experience. The company secretary must also meet one of the following requirements:
- Be a member of certain specified organisations such as the Institute of Chartered Accountants or the Institute of Chartered Secretaries and Administrators.
- Be a barrister or solicitor.
- Have been the secretary (or assistant secretary) of the company on 22 December 1980.
- Have been secretary of a public company for at least three out of the last five years.
- Have a similar position or professional membership that the directors feel makes him able to act as company secretary.
