View Full Version : Company Secretary Resigns - no replacement

25th April 2004, 15:36
My Company Secretary (partner) resigned on Friday with immediate effect. I have no willing replacement and have decided to call it a day with the company and start to close it.

My problem is when I inform companies house within the next 14 days as required what happens? I am ok with normal company closedown procedures - but with there being no company secretary in place this brings a new slant to it - and is it worth the search for a replacement if I am to close anyway. I am worried that when I inform them then I could lose control over the company bank account - am I allowed to open a new personal account put the money in there and make all final payments etc from that account ie treat it as the company bank account until final closedown and then distribute funds as necessary.

Hope some of you are able to help with some answers.

30th April 2004, 15:01
Phone them and ask.
They are very helpful.

30th April 2004, 15:28
I have phoned Companies House about this who say they will not strike off the company secretary unless there is an immediate replacement so they cannot resign. However, I have now found a number of small business services that for fees ranging from £60 - £700 will become a Company Secretary on provisio that I sign a contract that prevents them getting prosecuted etc so this looks most likely route. From what I've found out they get used mainly by overseas companies who require a resident in the UK to set up a business here.

Thanks for reply.

30th April 2004, 16:18
A friend of mine left the UK and made his accountant the company secretary and asked him to shut everything down.
Worked out quite well from what he told me.

Not an unresonable request (IMO) as the accountant was already being paid for his services.

You may what to consider this option.

www 1staccountancy biz
30th April 2004, 17:05
PT is correct, your accountant should do this for you but may charge a small fee.

For example, we have a seperate company that acts as nominee secretary for a number of clients but at a small fee of £39 per year. :D

2nd May 2004, 10:56
I was wondering about this. Accountants are usually prepared to cover the secretarial role but presumably they cannot hold any shares in the company or receive any dividend apportionment?

www 1staccountancy biz
3rd May 2004, 10:33
Quite correct FW...the title of company secretary is for filing & statutory purposes only, with no shareholding.