Since 6 April 2008, private companies are no longer obliged to appoint a company secretary. However, if a private company chooses not to have a secretary, someone else must perform the duties normally performed by a secretary. The tasks may be performed by a managing director of the company or a director who, as part of his other duties, is specifically responsible for the execution of the secretarial services of the company. Since the legal and regulatory landscape is growing and a company secretary plays such an important role in the management and running of a business, it is advisable to have on hand someone who performs the types of tasks and responsibilities expected by a company secretary. An increasingly popular alternative to using a director or hiring a person is to entrust a contractor or freelancer with the expertise needed to provide the company`s secretarial services. This model has been specially designed for this type of arrangement. The delegate under such an agreement may be a company or an individual that provides the services for a fee for a specified period of time. It is not intended as an employment relationship and has been specifically formulated in such a way as to avoid this. For more information on self-employment and IR35 in general, click here. This agreement defines the services that the delegate will provide, from standard services such as the updating of legal registers and the filing of all relevant documents with Companies House to the provision of more strategic services. This list may be added or adapted to the requirements of the entity concerned.
Once you have subscribed to the corresponding file, click on the “Download document” button below. You are asked what you want to do with the file. It is recommended that you save the document in the location of your choice before viewing it. The range of responsibilities and tasks that the contractor will assume depends on the size of the company and may vary from purely administrative functions to strategic support and decision-making. The Companies Act 2006 does not explicitly define the obligations of a company secretary, but many are implied by the fact that a company secretary is a director of the company and can therefore be sued for non-compliance with certain legal requirements. This document is available in open format. The necessary details should be inserted in the highlighted fields or the text can be adapted to your needs. Wording in square brackets is optional. If necessary, the parentheses should be deleted and the text contained therein should be retained.
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