Lesson 1, Topic 1
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9.3 Liability of the Company Secretary

9.3 LIABILITY OF THE COMPANY SECRETARY

The liability of a company secretary can vary depending on the jurisdiction, the specific circumstances, and the legal framework in which the company operates. While I can provide a general overview, it is important to note that the liability of a company secretary may be subject to specific laws and regulations applicable in the relevant jurisdiction.

  1. Legal duties: The company secretary has legal duties and responsibilities to fulfill, which may vary depending on the jurisdiction. Common duties include ensuring compliance with statutory requirements, maintaining accurate records, providing support to the board, and facilitating proper corporate governance.
  2. Statutory compliance: The company secretary is responsible for ensuring compliance with applicable laws, regulations, and corporate governance standards.
  3. Personal liability: In certain situations, a company secretary may be held personally liable for their actions or omissions.
  4. Duty of care and skill: The company secretary is expected to exercise a reasonable standard of care, skill, and diligence in performing their duties. They should possess the necessary qualifications, knowledge, and expertise to carry out their responsibilities effectively.
  5. Indemnification and Insurance: In some cases, the company may provide indemnification to the company secretary to protect them against liabilities incurred in the course of their duties, subject to applicable laws and the company’s articles of association.