Role of The Company Secretary
Role of The Company Secretary
The company secretary is considered to be an employee of the company and is accountable to the
company's board of directors.
The company secretary must provide the directors of the company with guidance on their duties and
responsibilities and powers which is why they must be familiar with legislation pertaining to companies,
they must be familiar with the company’s directors’ duties so as to ensure that the director comply with
all the laws pertaining to their duties and responsibilities within the company. so company secretary
will provide guidance on those duties and responsibilities.
-Company secretaries also need to make directors aware of any law that is relevant to a company and
that the company is complying with those particular laws.
- they must report to the company's board on any failure on the part of the company to comply with the
Act, so if the director is at breach, they have a responsibility as the secretary of the company of the
company to notify the board if a director is not compliant with it companies act.
- Moreover, they must also ensure as a secretary that other minutes of any shareholders meetings board
meetings or the meetings that are held, meetings of the audit committee as well are properly recorded
in accordance with the act because the minutes are referred to for every meeting you refer to the previous
minutes of the meeting so all of those minutes are must be recorded properly and that becomes the
responsibility of the company secretary to ensure that all there is kept in order and in accordance with
the act.
- The company secretary regarding the annual financial statements must certify whether the company
has filed the required returns and notices in terms of the Act. Thus they have a further responsibility to
ensure the statements that are required in terms of the act are filed correctly and rather those notices and
returns are true and correct and up-to-date.
- They must also ensure that a copy of the financial statements is forwarded to every person that is
entitled to have a record of it.
- Also, the company secretary will carry out all the functions of person's designated in section 33
subsection 3 which provides that every company must appoint a director or an employee or any other
person as the company's compliance officer in its annual return. In the case of a company that has a
company secretary, the company secretary will automatically be compliance officer. The annual return
is a record of information about a company and that information appears on the company's register and
this information is publicly available.