The responsibilities of the officers of a Limited Company are sometimes misunderstood. If you own a Limited Company, of if you are thinking of forming a Limited Company, it is essential that you familiarise yourself with these Legal Obligations of each officer of your company. Since one person can become Director of up to 25 companies, these responsibilities are taken seriously by the Companies Registration office, and the Government.
All companies in Ireland require two directors, and both must be over the age of 18. At least one of the directors must be an EU national. If you have been declared bankrupt, you cannot become a Director of a company. It is possible to make a Company Secretary a Director of the Company.
The Company Secretary has very specific responsibilities. The Company Secretaries main responsibilities are to ensure that the contents of the Memorandum of Association of the company is being carried out. The Memorandum of Association will be discussed in a subsequent blog, but it is defined as the Constitutional rules of the Company, and every Company in Ireland is legally obliged to have them. This Legislation is Governed by the Companies Act 1963 to 2009.
A Company Secretary must be over 18, they may be a director of the company, they Carry out functions of the articles of association, the Company Secretary maintains Company Records, and they are responsible for filing of the annual return of the company.
A Company is obliged to keep a registrar of the Directors and the Company Secretary at the registered office. For more information about changes to officers & Legislation, visit our website.