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Companies Act, 1973 (Act No. 61 of 1973)

Chapter IXA: Secretary for Public Companies

268D. Body Corporate or Partnership may be Appointed Secretary

 

 

1) A body corporate or partnership may be appointed to hold the office of secretary of a public company provided that at least one person in the employment of that body corporate or partnership complies with the requirements referred to in section 268A.

 

2) A change in the membership of a body corporate which holds office as secretary shall not constitute a casual vacancy in the office of secretary, provided that the body corporate continues to have at least one person in its employment who complies with the requirements referred to in section 268A.

 

3) A change in the composition of a partnership which holds office as secretary shall not constitute a casual vacancy in the office of secretary provided that the new partnership continues to have as a partner or employee at least one person who complies with the requirements referred to in section 268A.

 

4) A body corporate or partnership which holds office as secretary shall immediately upon the services of the last remaining person who complies with the requirements referred to in section 268A no longer being available, notify the directors of the public company thereof and that notification shall be deemed to be a resignation of the secretary by which a casual vacancy shall have been constituted.