How to appoint or remove a Company Secretary.

How to appoint or remove a Company Secretary.

March 25, 2019

A secretary shall be appointed and removed by the directors.

Where it is intended to remove the secretary of a public company, the board of directors shall;

Give him/her notice‐

(a) stating that it is intended to remove him;

(b) setting out the grounds on which it is intended to remove him;

(c) giving him a period not less than seven working days within which to make his defence; and

(d) giving him an option to resign his office within a period of seven working days.

Where, following receipt of the notice, the secretary does not within the given period resign his office or make a defence, the board may remove him from office and shall make a report to the next general meeting; but where the secretary, without resigning his office, makes a defence and the board does not consider it sufficient, if the ground‐ on which it is intended to remove him is that of fraud or serious misconduct, the board may remove him from office and shall report to the next general meeting. Where the reason is other than of fraud or serious misconduct, the board shall not remove him without the approval of the general meeting, but may suspend him and shall report to the next general meeting.

Where a secretary suspended is removed with the approval of the general meeting, the removal may take effect from such time as the general meeting may determine.

Do you have any question or clarification regarding the topic in this post that was not answered by this post? Or you have questions regarding what the law states about a particular legal issue? Log on to our website – www.618bees.com or call us on 23412803791 to speak to any of our consultants that are always on hand to provide answers to such questions.

Best Regards,

Team 618 Bees

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer.This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached.

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Frequently Asked

  • When are Annual Returns due for filing?

    A company’s first Annual Returns are due for filing after 18 months of its inception, subsequently it should be filed annually as the name implies. The filing dates could differ for each company depending on their financial year end but must be filed not later than 42 days after its Annual General Meeting.

    The Annual Returns for Business Names is due not later than the 30th of June each year except in the year the business was registered.

  • Do I need a Company Secretary?

    A limited liability company (LLC) must have a company secretary.

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    SON stands for ‘Standards Organization of Nigeria’

  • Who can be directors in my company?

    Any two adults can be directors in a company.

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