Company Secretary in Ireland

The new legislation regarding the company secretary in Ireland

Ireland amended its Companies Law in 2014 and one of the changes refers to the company secretary. The new Companies Law that came into force on 1 June 2015, requires both Irish private and public companies to appoint a company secretary. The new Companies Law reiterates the importance of the company secretary and also proposes that the individual holding that position should maintain company records, additionally to the current responsibilities.

For information about all the changes brought to the Company Act please contact our specialists in company incorporation in Ireland.

The statutory duties of the Irish company secretary

The main duties established of the company secretary in Ireland, as established by the Companies Act are:

• – signing the annual return,
• – certifying financial statements,
• – drafting the statement of affairs in case of company liquidation,
• – signing the application in case of company re-registration,
• – drafting statutory declaration for public companies in Ireland,
• – signing applications fortax and VAT registration in Ireland and tax returns.

The company secretary’s name must also appear in the entrances of the Irish Trade Register about the company.

The administrative duties of the company secretary in Ireland

Among the administrative duties of the Irish company secretary are:

• – holding the minutes of the board and general meetings,
• – keeping the companies’ records,
• – submitting all required documents with the Trade Register in a timely manner,
• – acting as a communication office between the members of the company,
• – providing legal and administrative aid to the company’s directors,
• – manage share transfers within the Irish company.

One of the main reasons to choose to set up a company in Ireland is its economy. The country is one of the most developed in Europe, as it is based on several industries that are recognized worldwide. One of them is IT and related services. So, if you are interested in this country, feel free to get in touch with us.

The qualifications of the company secretary in Ireland

According to the law, any natural or legal person can act as company secretary in Ireland. There are no requirements in terms of professional qualifications or experience. The only requirement when appointing the secretary of a public company in Ireland is for the person to prove to the directors that he or she has necessary knowledge to discharge the function. The company secretary of a public company in Ireland must meet one of the tests in section 1112 of the Companies Act 2014: 3 years' experience as a company secretary in the previous 5 years, membership of a body recognised by the Minister (e.g. the Chartered Governance Institute, formerly ICSA), or other relevant experience.

You can ask our Irish consultants in company registration about all the requirements for setting up a company in the country.