Companies Act, 2008 (Act No. 71 of 2008)Chapter 3 : Enhanced Accountability and TransparencyPart A : Application and general requirements of Chapter85. Registration of company secretary and auditor |
| (1) | Every company that makes an appointment contemplated in section 84(4), irrespective of whether the company does so as required by that section or voluntarily as contemplated in section 34(2), must— |
| (a) | maintain a record of its company secretaries and auditors, including, in respect of each person appointed as company secretary or auditor of the company— |
| (i) | the name, including any former name, of each such person; and |
| (ii) | the date of every such appointment; and |
| (b) | if a firm or juristic person is appointed— |
| (i) | the name, registration number and registered office address of that firm or juristic person; and |
| (ii) | the name of any individual contemplated in section 90(3), if that section is applicable; and |
| (c) | any changes in the particulars referred to in paragraphs (a) and (b), as they occur, with the date and nature of each such change. |
| (2) | To protect personal privacy, the Minister, by notice in the Gazette, may exempt from the application of subsection (1)(a) categories of names as formerly used by any person— |
| (a) | before attaining majority, or by persons who have been adopted, married, divorced or widowed; or |
| (b) | in other circumstances prescribed by the Minister. |
| (3) | Within 10 business days after making an appointment contemplated in subsection (1), or after the termination of service of such an appointment, a company must file a notice of the appointment or termination, as the case may be, subject to subsection (4). |
| (4) | The incorporators of a company may file a notice of the appointment of the company’s first company secretary, auditor or audit committee as part of the company’s Notice of Incorporation. |