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Not all companies are required to have a company secretary. Since 6 April 2008, it is a requirement for public limited companies (PLC) to have a company secretary. However, private companies are not required to have a company secretary. The precise role and functions of a company secretary depend on the type and size of the particular company. The duties of a company secretary are not set out in the Companies Act 2006. Instead, they are usually set out in their employment contract. The typical functions of a company secretary include: - Maintaining official records - Facilitating inspection of records - Maintaining statutory registers - Maintaining the registered office - Providing members with notice of meetings - Maintaining minutes of meetings - Sending the Registrar copies of resolutions and agreements - Acting as signatory for the company and guarding the company seal Secretaries of smaller companies usually take on a broad range of duties, whereas secretaries of larger companies spend more of their time on complying with high-level administrative and legal requirements. For example, in smaller companies, the company secretary may also deal with payroll, tax, accounting, premises management and office management. Anyone planning on taking on the role of company secretary should receive legal advice from a company solicitor to ensure that they understand their obligations under the law. Failure to understand your obligations could result in you unknowingly breaching the law and being held personally responsible. If you are investigated for any breaches, you should cooperate with the authorities. A company solicitor can advise you if you are investigated and represent you throughout any investigations.
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