Companies Act – Company Secretary now an optional appointment

The Companies Act 2006 is the longest piece of legislation ever created – with quite a complex implementation timetable.

If you are involved in the management of a limited company, there are two Companies Act changes which take effect from 6th April 2008 which you will want to note:

1. Filing Accounts

For all private companies the filing deadline for delivery of accounts to Companies House has been reduced from 10 to 9 months. The change will apply to accounting periods beginning on or after 6th April 2008. For public companies the deadline is reduced from 7 to 6 months.

Qualifying companies will still be able to file Abbreviated Accounts.

2. Company Secretary

For private companies only, the appointment of a company secretary becomes optional from 6th April 2008.

  • the choice to continue with an existing appointed secretary is optional,
  • if you decide to dispense with an existing company secretary after 6th April, you will need to advise Companies House using form 288b,
  • you will not need to amend your Articles of Association unless there is a specific reference to a company having a secretary,

From the 6th April it will be possible to have a sole director and no company secretary.

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