Company and Charity Registration

At El Eunice, we understand the intricate processes involved in company and charity registration. Our team of dedicated legal professionals is here to guide you through the legal requirements and paperwork, ensuring a smooth and efficient registration process for your business or charity. 

Company secretarial support

All public companies are required to have a company secretary. In April 2008, as a result of the Companies Act 2006, the post became optional for private companies unless their articles of association explicitly required them to have one. The information below offers a brief overview of the role.

Appointment

When a company secretary is appointed, Companies House must be notified, along with any changes to the details or the termination of the appointment.

Qualifications

In a public company, the directors must make sure, as far as is reasonably possible, that the secretary has “the requisite knowledge and experience to discharge the functions of secretary of the company.”.  In addition, they must meet one or more of the following qualifications:

Formal duties

According to the July 2018 UK Corporate Governance Code, “All directors should have access to the advice of the company secretary, who is responsible for advising the board on all governance matters. Both the appointment and removal of the company secretary should be a matter for the whole board.”

The secretary is an officer of the company and their duties can be wide ranging. While the Companies Act does not generally specify the role of the company secretary, they usually undertake the following duties:

  • Maintaining the company’s statutory books, includes: a register of present and past directors and secretaries; a register of all shareholders, past and present, and their shareholdings; a register of any charges on the company’s assets; minutes of general meetings and board meetings; and a register of the debenture holders (typically banks)
  • Filing annual returns at Companies House. Other documents which must be filed include the directors’ report and auditors’ report (unless the company is exempt), and financial statements, including details of the company’s assets and liabilities.
  • Arranging meetings of the directors and the shareholders. This responsibility will involve the issue of proper notices of meetings, preparation of agenda, circulation of relevant papers and taking and producing minutes to record the business transacted at the meetings and the decisions taken.
  • Informing Companies House of any significant changes in the company’s structure or management, for example, the appointment or resignation of directors,.
  • Establishing and maintaining the company’s registered office as the address for any formal communications. Ensuring that all the company’s business stationery carries its name, registered number, country of registration and registered address. These details must also appear on the company website, emails, order forms and invoices.
  • Ensuring the security of the company’s legal documents, including, for example, the certificate of incorporation, memorandum and articles of association.
  • Deciding on the company’s policy for the filing and retention of documents.
  • Advising directors on their duties, and ensuring that they comply with corporate legislation and the articles of association of the company.

Public Companies

For public companies, the company secretary will also be responsible for compliance with the requirements of the Stock Exchange, management of the company’s registrars, and compliance with the UK Corporate Governance Code.

How important is the role?

We offer a range of specialized services tailored to meet your individual needs. Our approach is focused on understanding and responding to what you require, providing effective and practical solutions.

The Cadbury Report (1993) stressed the importance of the role of the company secretary:

“The company secretary has a key role to play in ensuring that board procedures are both followed and regularly reviewed. The chairman and the board will look to the company secretary for guidance on what their responsibilities are under the rules and regulations to which they are subject and on how these responsibilities should be discharged. All directors should have access to the advice and services of the company secretary and should recognise that the chairman is entitled to strong support from the company secretary in ensuring the effective functioning of the board.”

The Cadbury Report
(1993)

With the increasing focus in recent years on corporate governance, the role of the company secretary has grown in importance. In many ways, the secretary is now seen as the guardian of the company’s proper compliance with both the law and best practices.

Services

Call us today to discuss how we can help your company with the government requirements and  your filling and your policies.

 

Expert Guidance

Our team of solicitors and legal executives has extensive experience in navigating the legal intricacies of company and charity registration. We provide expert guidance and support every step of the way, ensuring that all your legal requirements are met with precision.

Funding Applications

In addition to registration services, El Eunice also specializes in handling funding applications for charities. We are dedicated to empowering charitable organizations and ensuring their financial stability through successful funding applications.

Empower Your Business or Charity Today

Let El Eunice take the legal complexities off your shoulders. Contact us to learn more about our corporate law services and take the first step towards legal empowerment for your business or charity.