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If the court doesn't act on this it means nobody ever has to follow a court order | 555 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
If the court doesn't act on this it means nobody ever has to follow a court order
Authored by: Anonymous on Saturday, October 27 2012 @ 08:21 AM EDT
So if the secretary resigns, who carries the legal responsibility until a new
one is
appointed? What is the penalty for a company being delinquent and not
appointing a secretary?

[ Reply to This | Parent | # ]

+5 Informative
Authored by: celtic_hackr on Saturday, October 27 2012 @ 11:02 AM EDT
Cool! I just learned something new.

Thanks Wol! Well it will be interesting to see what happens next.

Will Samsung bring this to the court's attention? Will an arrest warrant be
issued for the Secretary? Will the Secretary resign on Monday?

Enquiring mind's want to know.

[ Reply to This | Parent | # ]

If the court doesn't act on this it means nobody ever has to follow a court order
Authored by: Anonymous on Saturday, October 27 2012 @ 01:36 PM EDT

The Board of Directors of a UK company must contain a Company Secretary. Above a certain size (£5M?) this person must be professionally qualified, as a Secretary, Accountant or Lawyer - all three are qualifications in law.
According to the accountancy course I'm currently doing, only public companies (plc) are required to have a company secretary, private ones (ltd) do not; and there can be more than one.

a plc company secretary must possess formal qualifications, by being:

  • a barrister
  • a solicitor
  • a member of the four English accounting institutes
  • a member of the ICSA.
or by being a plc secretary for 3 of the last 5 years (presumably to grant grand-daddy rights to those who were secretaries before the instigation of the required formal qualifications).

Just to clarify, in the UK a "lawyer" is someone who practices law BUT is not necessarily qualified; only Solicitors and Barristers are qualified lawyers (according to a barrister I know). Those companies offering no-win-no-fee injury claims probably only have 1 qualified lawyer on their team of [mostly unqualified] lawyers!

[ Reply to This | Parent | # ]

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