The relevant section in the Companies Act pertaining to the position of company secretary is section 171. With regards to a company not wanting to appoint a company secretary, section 171(4A) of the Companies Act provides us with some guidance.
The section states:
The office of secretary must not be left vacant for more than 6 months at any one time.
Therefore, if a company does not want to appoint a company secretary, it can do so for up to a maximum of 6 months. If the existing company secretary leaves the position and there are no other company secretaries, then the company will need to appoint a replacement within 6 months of the previous secretary leaving the position.
Therefore, the answer to the question would be that the company can only not appoint a company secretary for up to a period of 6 months. Otherwise, it would be in breach of section 171(4A) of the Companies Act.
If you would like to access the statute, you can click on this link:
If you are looking to appoint a competent company secretary, or have any queries regarding the post of the company secretary, please contact us at [email protected].
When in doubt, seek legal advice or consult an experienced ACRA Filing Agent.
The editorial team at Singapore Secretary Services
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