Company Secretary can be appointed by Promoters, Articles or Directors.
1. Appointment of the Secretary by the Promoters: If the Secretary is appointed before the formation of the company, then that appointment is made by the Promoters. In such a situation, he should confirm his appointment in the first meeting of the directors after the amalgamation of the company and obtain a written order. If the director removes the first secretary from his post, he cannot claim the company.
2. Appointment of Secretary under Articles: If the name of any person is mentioned in the Articles to be Secretary, he should do so with regard to his appointment to the Board of Directors. A resolution should be passed in the company and also a written covenant (contract)
3. Appointment of secretary by the directors: According to the 82nd rule of table ‘A’, the secretary can be appointed by the board of directors of the company under the provisions of this act. can. He decides the tenure and remuneration of the secretary. The secretary can be removed from his post only by the directors.
