Introduction
A company secretary plays an important role in the daily running of a company. Appointing a company secretary is a legal requirement for certain types of companies, especially public companies.
The Corporate Affairs Commission (CAC) regulates the process and ensures all company appointments are properly documented.
This article will help you understand the process, both online and offline, and explain what the law says about appointments and removals
How to appoint company secretary with CAC online
To appoint a company secretary online with CAC, start by logging into the CAC registration portal. Navigate to the “Post Incorporation” services and select “Appointment of Company Secretary.”
Fill out the required details including the full name, address, and professional qualifications of the secretary. Upload any necessary documents such as the board resolution approving the appointment and a valid means of identification.
After submitting, pay the prescribed fee and wait for approval. Once processed, CAC will update the company’s records and issue a new status report reflecting the appointment.
Removal of company secretary
If your company wants to remove a company secretary, it must follow due process. First, the board of directors must hold a meeting and pass a resolution for the removal. This decision must be properly recorded.
Afterward, visit the CAC portal and select the “Removal of Company Secretary” option under post-incorporation services. Fill in the required form, stating the name of the secretary to be removed, and upload the board resolution as proof.
Once submitted and approved, the secretary’s name will be removed from the company records. It’s important to update this change to avoid legal or compliance issues.
Removal of company secretary under CAMA 2020
Under the Companies and Allied Matters Act (CAMA) 2020, the removal of a company secretary must follow specific procedures. The Act does not require public companies to seek court approval before removing a secretary, but the process must be fair and documented.
A board resolution is necessary, and proper notice should be given to the secretary. CAMA 2020 also emphasizes that the removal must comply with the terms of the secretary’s contract.
How to appoint company secretary with CAC in Nigeria
Appointing a company secretary in Nigeria starts with choosing a qualified person or firm. The board of directors must approve the appointment through a formal meeting and pass a resolution.
The next step is to prepare the necessary documents, including the board resolution, a consent letter from the appointee, and proof of identification. These documents are then submitted to the CAC via their portal or at a physical office.
After making the required payment, CAC will update the company records. This process ensures that your company remains compliant with Nigerian corporate laws under CAMA 2020
Frequently Asked Questions
What is the procedure for appointment of a company secretary
First, the board must approve the appointment and pass a resolution. Then, fill out the form on the CAC portal, attach required documents (board resolution, consent letter, ID), and submit with payment.
How do I add someone as a company secretary
Log into the CAC portal, go to post-incorporation services, select “Appointment of Company Secretary,” enter the person’s details, upload documents, and submit.
What are the duties of a company secretary
A company secretary handles legal compliance, keeps company records, and files annual returns.
Additionally, he arranges board meetings, and advises directors on corporate governance issues.
How to appoint a corporate secretary
A corporate secretary can be an individual or firm. The process is similar to appointing an individual secretary.
Submit the board resolution and relevant company details to CAC through their portal.
What are the requirements for a company secretary
The person or firm must have legal or administrative experience. Public companies must appoint someone with professional qualifications such as a lawyer, accountant, or chartered secretary.
Conclusion
Appointing or removing a company secretary is an essential process that must follow the rules set by the Corporate Affairs Commission (CAC) and CAMA 2020.
Whether you’re appointing an individual or a firm, it’s important to file all necessary documents and update your company’s records with CAC