UK Company Secretary: Do You Need One?

The company secretary role has a long history in UK corporate governance. While private limited companies are no longer required to have one, many businesses still appoint a secretary for practical reasons. This guide explains the role, responsibilities, and when it makes sense to have one.

What Is a Company Secretary?

A company secretary is an officer of the company responsible for ensuring the company complies with statutory and regulatory requirements. They are the primary point of contact between the company and Companies House.

Historical Context

Until 2008, all UK companies were required to have a company secretary. The Companies Act 2006 removed this requirement for private limited companies, though public companies (PLCs) must still have one.

Key Characteristics

  • An officer of the company (like a director)
  • Details appear on public record at Companies House
  • Can be an individual or a corporate body
  • Not the same as an administrative secretary

Note

The company secretary role is about corporate compliance and governance, not administrative tasks like typing letters or answering phones. It's a formal officer position.

Is a Company Secretary Required?

Private Limited Companies (Ltd)

No - Since April 2008, private limited companies are not required to have a company secretary. The directors can perform all secretary duties themselves.

Public Limited Companies (PLC)

Yes - PLCs must have a qualified company secretary. They must have certain qualifications or experience.

If Your Articles Require One

Check your company's articles of association. If they state that the company must have a secretary, you'll need to either:

  • Appoint a company secretary, or
  • Pass a resolution to amend the articles

Model Articles

If you're using the standard Model Articles (default for companies formed since 2009), there's no requirement to have a company secretary. You can appoint one if you choose.

Typical Company Secretary Duties

When a company has a secretary, they typically handle the following:

Companies House Filings

  • Filing annual confirmation statements
  • Filing annual accounts
  • Notifying changes (directors, addresses, shares)
  • Ensuring filing deadlines are met

Statutory Registers

  • Maintaining the register of members
  • Maintaining the register of directors
  • Maintaining the PSC register
  • Keeping the register of charges
  • Maintaining minute books

Board and Shareholder Meetings

  • Organising board meetings
  • Preparing agendas and papers
  • Taking and distributing minutes
  • Organising annual general meetings (if applicable)
  • Managing shareholder communications

Corporate Governance

  • Advising directors on compliance matters
  • Ensuring proper procedures are followed
  • Maintaining company seal (if used)
  • Certifying documents

Share Administration

  • Processing share transfers
  • Issuing share certificates
  • Managing dividend payments
  • Maintaining share records

Who Can Be a Company Secretary?

For Private Companies

Almost anyone can be a company secretary:

  • A director of the company
  • A shareholder
  • An employee
  • An external professional
  • A corporate body (another company)

Restrictions

  • Must be at least 16 years old
  • Cannot be the company's auditor
  • A sole director cannot also be the sole secretary (if a secretary is required)

For Public Companies (PLCs)

The secretary must be qualified. Qualifications include:

  • Member of ICSA (Institute of Chartered Secretaries)
  • Qualified lawyer or accountant
  • Held the position for 3 of the past 5 years in a PLC
  • Directors believe they have necessary knowledge and experience

Director as Secretary

In a private company, the same person can be both a director and the company secretary. However, where both signatures are required on a document, one person cannot sign in both capacities.

Benefits of Having a Company Secretary

1. Compliance Assurance

  • Dedicated focus on regulatory requirements
  • Reduced risk of missed deadlines
  • Proper maintenance of statutory records
  • Penalties avoided

2. Director Support

  • Directors can focus on business operations
  • Administrative burden reduced
  • Expert advice on governance matters
  • Clear separation of duties

3. Professional Image

  • Demonstrates good governance
  • May be expected by investors or lenders
  • Shows commitment to proper procedures

4. Continuity

  • Institutional knowledge maintained
  • Consistent record-keeping
  • Stability during director changes

When You Should Consider Appointing One

Situations Where a Secretary Is Valuable

Growing Companies

As your company grows, compliance becomes more complex:

  • More shareholders to manage
  • More frequent board decisions
  • Greater regulatory scrutiny
  • Directors have less time for admin

Companies with Multiple Directors

When there are several directors:

  • Formal meetings become more important
  • Minutes and records need proper management
  • Someone needs to coordinate filings

Companies Seeking Investment

Investors often expect:

  • Well-maintained statutory records
  • Proper board procedures
  • Professional governance structure

Non-Resident Directors

If directors are overseas:

  • Someone UK-based to handle filings
  • Local point of contact for Companies House
  • Physical presence for document handling

When You Probably Don't Need One

  • Small company with 1-2 directors
  • Simple share structure (one class, few shareholders)
  • Directors have time to handle compliance
  • Using an accountant who handles basic filings

Professional Company Secretary Services

Many formation agents and law firms offer company secretary services:

What's Typically Included

  • Named as company secretary on public record
  • Maintenance of statutory registers
  • Filing confirmation statements
  • Processing standard changes
  • Compliance reminders and guidance
  • Template documents and resolutions

What's Usually Extra

  • Filing annual accounts (accountant's job)
  • Complex corporate transactions
  • Board meeting attendance
  • Bespoke legal advice

Typical Costs

Service Level Annual Cost
Basic (filings only) £100-£200
Standard (registers + filings) £200-£400
Comprehensive £400-£1,000+

Bundled Services

Many company formation packages include company secretary services for the first year. This can be good value and ensures everything is properly set up from the start.

How to Appoint a Company Secretary

At Company Formation

You can appoint a secretary when forming the company:

  • Include secretary details in the formation application
  • Secretary is registered with Companies House from day one
  • Consent from the secretary is required

After Formation

  1. Directors pass a resolution to appoint
  2. Obtain consent from the proposed secretary
  3. File form AP03 (individual) or AP04 (corporate) with Companies House
  4. Filing must be within 14 days of appointment
  5. Update company registers

Information Required

For an individual secretary:

  • Full name (and former names)
  • Service address
  • Date of appointment

For a corporate secretary:

  • Company name
  • Registered number
  • Registered office address

Removing a Secretary

To terminate a secretary's appointment:

  1. Directors pass a resolution (or secretary resigns)
  2. File form TM02 with Companies House
  3. Filing must be within 14 days

Summary

  • Private limited companies don't legally need a company secretary
  • PLCs must have a qualified secretary
  • Secretaries handle compliance, filings, and governance
  • A director can also serve as secretary in private companies
  • Professional services are available for £100-£400+ per year
  • Consider appointing one as your company grows or seeks investment
  • Non-resident directors may benefit from a UK-based secretary

Need Company Secretary Services?

Professional company secretary services included with many formation packages. Keep your company compliant without the hassle.

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