Ned O'Keeffe
Ceist:106 Mr. N. O'Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the responsibilities of a company secretary in a private limited company and in a co-operative society. [31490/03]
Written Answers. - Company Staff.
Prior to the enactment of the Company Law Enforcement Act 2001 a company secretary had no specific statutory responsibilities, apart from the signing of certain forms, which are required by the Companies Acts to be signed by the company secretary. Section 100 of the Company Law Enforcement Act 2001, which amended section 383 of the Companies Act 1963, provides that it is the duty of each director and secretary of a company to ensure that the requirements of the Companies Acts are complied with by the company. Apart from this general duty set out in the Company Law Enforcement Act 2001, the Companies Acts do not set down any specific duties for a company secretary. A secretary's duties are those which are set down by the directors of a company and are normally administrative rather than managerial.
Apart from a requirement to sign certain documents, there are no specific duties or responsibilities set down for the secretary of a co-operative society under co-operative legislation. A society's rules should normally provide for the appointment of a secretary to a co-operative and the functions, powers and duties of the secretary.