Modifications etc. (not altering text)
C1Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
(1)The statement of the company's proposed officers required to be delivered to the registrar must contain the required particulars of—
(a)the person who is, or persons who are, to be the first director or directors of the company;
(b)in the case of a company that is to be a private company, any person who is (or any persons who are) to be the first secretary (or joint secretaries) of the company;
(c)in the case of a company that is to be a public company, the person who is (or the persons who are) to be the first secretary (or joint secretaries) of the company.
(2)The required particulars are the particulars that will be required [F1(or, in the absence of an election under section 167A or 279A, would be required)] to be stated—
(a)in the case of a director, in the company's register of directors and register of directors' residential addresses (see sections 162 to 166);
(b)in the case of a secretary, in the company's register of secretaries (see sections 277 to 279).
(3)[F2The statement must also include a statement by the subscribers to the memorandum of association that each of the persons named as a director, as secretary or as one of the joint secretaries has consented to act in the relevant capacity.]
If all the partners in a firm are to be joint secretaries, consent may be given by one partner on behalf of all of them.
Textual Amendments
F1Words in s. 12(2) inserted (30.6.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 5 para. 12; S.I. 2016/321, reg. 6(c)
F2Words in s. 12(3) substituted (10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 100(2), 164(1) (with s. 100(6)); S.I. 2015/1689, reg. 4(b)