TITLE OF ARTICLE: Comparative Analysis of the Position of the Company Secretary.
AUTHOR:
RAHMATU ISHAQ AHMED (MRS.), Department of Corporate Law Practice, the Nigerian Law School, Kano Campus.
ABSTRACT:
A company as an artificial entity cannot exist independently of its officers who are its mind and hands that run its day-to-day affairs. One of these officers is the company secretary. Who then is the company secretary? What is his status in a company? Who can be appointed a company secretary? Who appoints the company secretary? What are the powers and responsibilities of the company secretary, his role and liabilities under the code of corporate governance? How is the company secretary removed from office? This article attempts to satisfy these inquisitions while comparing the powers and responsibilities of the company secretary in the United Kingdom (UK), India with that of Nigeria. The article finds that the provisions relating to the company secretary in Nigeria are not as protective and effective as in the other jurisdictions compared. The article recommends that the office of the Company secretary could be elevated to an executive position to make clearer the fiduciary duty of the company secretary.