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RJM Law, Laywer
Category: Employment Law
Satisfied Customers: 3457
Experience:  LL.B (Hons)
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Is it a legal requirement for a Company Secretary to be

Customer Question

Is it a legal requirement for a Company Secretary to be present for all Board meetings?
Submitted: 14 days ago.
Category: Employment Law
Expert:  Ben Jones replied 14 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 14 days ago.

Please explain the circumstances in some more detail

Customer: replied 14 days ago.
A company has held Board meetings without the Company Secretary in attendance as the meetings pertain to them. Looking online it seems unclear if the Company Secretary ought to always be in attendance for all Board meetings, or if it is up to the individual company to decide.
Expert:  Ben Jones replied 14 days ago.

Thanks, ***** ***** this is more of a corporate law question, even though it was posted in our employment law category. I will opt out and release it back to the open list.

Expert:  RJM Law replied 14 days ago.

Thank you for the question.  Unless specifically stated in the articles of associate, the company secretary does not require to be in attendance at the board meeting.  The board meeting only requires to comply with the quorum outlined in the companies articles of association.  However this may not apply if the company secretary is also a director and is required to meet the quorum minimum for a board meeting.  If there is an issue with the company ongoings then I would suggest raising a grievance with the company directors.

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