11. Do I have to have a company secretary?
If the company is a proprietary company - There is no requirement that a company secretary be appointed. However if one or more company secretaries are appointed at least one of them must ordinarily reside in Australia.
If the company is a public company - At least one company secretary must be appointed and at least one of them must ordinarily reside in Australia.
A company secretary is an officer of the company and has specific duties under the Corporations Act such as ensuring that the company:
- notifies ASIC of changes to details of officeholders
- notifies ASIC of changes to details of shareholders
- pays its annual review fee on time
If a company secretary is not appointed, the directors become responsible for these duties.
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