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Version Superseded: 26/10/2023
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Companies Act 2006, Section 276 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A company must, within the period of 14 days from—
(a)a person becoming or ceasing to be its secretary or one of its joint secretaries, or
(b)the occurrence of any change in the particulars contained in its register of secretaries,
give notice to the registrar of the change and of the date on which it occurred.
(2)Notice of a person having become secretary, or one of joint secretaries, of the company must be accompanied by a [F1statement by the company that the person has consented] to act in the relevant capacity.
(3)If default is made in complying with this section, an offence is committed by every officer of the company who is in default.
For this purpose a shadow director is treated as an officer of the company.
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding [F2one-tenth of level 5 on the standard scale][F2one-tenth of the greater of £5,000 or level 4 on the standard scale].
Textual Amendments
F1Words in s. 276(2) substituted (10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 100(5), 164(1) (with s. 100(6)); S.I. 2015/1689, reg. 4(b)
F2Words in s. 276(4) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 3 para. 9(11) (with reg. 5(1))
Modifications etc. (not altering text)
C1S. 276: power to modify conferred (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 39(1), 40(e), 49(1) (with ss. 2(2), 5(2), 39(8)(9))
C2Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
C3Ss. 275-279 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 8 (with transitional provisions and savings in regs. 7, 9, Sch. 2)
C4S. 276 modified (1.3.2016) by The NRAM plc (formerly Northern Rock plc) Consequential and Supplementary Provisions Order 2016 (S.I. 2016/114), arts. 1(1), 7(1), (3), Sch. para. 1(o)
C5S. 276(1) modified (temp.) (27.6.2020) by The Companies etc. (Filing Requirements) (Temporary Modifications) Regulations 2020 (S.I. 2020/645), regs. 2, 10
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