Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 236

236. (1) A company shall have at least one secretary.

(2) A secretary of a company shall be appointed by the directors.

(3) A person is not capable of being a secretary of a company unless the
person is a natural person who has attained the age of 18 years.

(4) The secretary, or one of the secretaries, shall be a person who ordinarily
resides in the Territory.

(5) A secretary who ordinarily resides in the Territory shall be present at
the registered office of the company in person or by his agent on the days and
during the hours when the registered office is required to be open and
accessible to the public.

(6) If there is no secretary of a company, or no secretary of the company is
capable of acting, any act or thing required or authorized to be done by or in
relation to the secretary may be done by or in relation to any assistant or
deputy secretary or, if there is no assistant or deputy secretary or no
assistant or deputy secretary is capable of acting, by or in relation to an
officer of the company authorized by the directors to act as secretary, either
generally or in relation to the doing of that act or thing.

(7) A provision of this Act or of the memorandum or articles requiring or
authorizing any act or thing to be done by or in relation to a director and a
secretary is not satisfied by its being done by or in relation to the same
person acting both as director and as, or in place of, a secretary.

(8) If default is made in complying with any provision of this section, the
company and any officer of the company who is in default are each guilty of an
offence.