Section 167:
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
167. Notice to be given of removal or resignation of Secretary
(1) Where, during any accounting period of the company, the Secretary
resigns or is removed from office, the company shall notify the Registrar
within 28 days of such resignation or removal.
(2) Where the Secretary is removed, the Secretary may require the company in its annual financial statements relating to that accounting period, to
include a statement not exceeding a reasonable length, setting out the Secretary’s statement as to the circumstances that resulted in the removal.
(3) Where the Secretary wishes to exercise the power referred to in subsection (2), the Secretary shall give written notice to that effect to the company not later than the end of the accounting period in which the removal
took place and such notice shall include the statement referred to in subsection (2).
(4) The statement of the Secretary referred to in subsection (2) shall be
included in the annual report and, where no annual report is required, shall be
included under a separate heading in the company’s annual financial statements.
(5) Where, on the application of the company or any other person who
claims to be aggrieved by the Secretary’s statement under subsection (2)
being provided to shareholders, the Court is satisfied that the rights conferred
by this section are being abused to secure needless publicity of defamatory
matter, the Court may order that the statement need not be included in the
annual report or financial statements and need not be provided to shareholders
or be read out at the meeting, and the Court may further order that the costs
of the application be paid in whole or in part by the Secretary.
PART XII – ENFORCEMENT
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Questions this section answers
- How many days does my company have to tell the Registrar its Secretary resigned?
- Can a removed Secretary put their side of the story in the annual report?