Company Secretary Frequently Asked Questions
It is not a legal requirement for your company to have a company secretary if your business is governed by the Companies Act 2006. However, your business is still asked to maintain the statutory records and filings through Companies House, and a senior member of staff needs to be responsible for this.
Our professional team of business law experts are on-hand to handle these issues on your behalf, guiding you through the process either on an ad hoc arrangement or as part of a larger retainer agreement.
Even something as seemingly simple as having a Company Secretary can come across as a complex area of law, and as such our team are on hand to answer any questions you may have.
Below you will find all of the most frequently asked questions regarding Company Secretaries, alongside accurate, helpful answers to each. Should you require an answer to a key question that you don’t see below, feel free to get in touch with us and we’d be happy to help.
Frequently Asked Questions
Yes. The Companies Act 2006 requires private companies limited by shares to keep the following registers in addition to the requirement to notify Companies House of certain changes and updates:
- a register of members;
- a register of directors;
- a register of director’s residential addresses;
- a register of secretaries; and
- a register of people with significant control (PSC Register).
The Companies Act 2006 prescribes certain information that must be contained in the registers.
A company’s registers can be kept in electronic or paper format and should be kept at the company’s registered office address, unless the statutory procedure for keeping the register at a different location has been followed. Private companies have the option of keeping the certain registers publicly at Companies House, as an alternative to keeping their own registers:
- the register of members;
- the register of directors;
- the PSC register;
- and the register of director’s residential addresses.
However, many companies choose not to keep the above registers publicly as certain private information, such as the dates of birth and residential addresses of the directors and persons with significant control, will be on public display. Please be aware, however, that you will still be required to maintain either an electronic or paper copy of certain other statutory registers to reflect the company’s shareholdings and transfers.
Each year, every limited company and LLP must file a confirmation statement for the business. The confirmation statement provides a snapshot of general information about a company’s directors, secretary (where one has been appointed), registered office address, shareholders, share capital and people with significant control. You must include any changes on the annual confirmation statement, including any share transfers or allotment of shares which have taken place since the last confirmation statement was filed.
You will also need to file annual accounts with Companies House on or before the date specified on the company’s overview page. If the company is dormant or not trading, you may be able to file dormant accounts by completing a simple Companies House form.
The deadline for filing your confirmation statement and annual accounts can be found online at Companies House.
If you do not file the annual confirmation statement or accounts for your company by the specified deadline you will receive a notice from Companies House warning you that the filing deadline is past and to remind you of the requirement. There may well be a penalty payable for the late filing of accounts and, where any late filing is not rectified, then three months after the deadline Companies House can strike off the company from its records (meaning the company will cease to exist as a legal entity and all of its property will vest in the state). It is therefore important to make a note of your deadlines so that all filings are made on time.