Check whether a company must have a secretary and where a secretary resides
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the register, list the secretaries and any residence the file gives for them. Do not decide that the requirement is met.
- What the lawyer must review
- The lawyer confirms the company type and whether at least one secretary ordinarily resides in Australia where the section requires that.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the register, list the secretaries and any residence the file gives for them. Do not decide that the requirement is met. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A proprietary company is not required to have a secretary. If it has one or more secretaries, at least one of them must ordinarily reside in Australia.
- A public company must have at least one secretary. At least one of them must ordinarily reside in Australia.
- An offence based on either duty is an offence of strict liability.
- The lawyer decides ordinary residence. The note does not appoint a secretary.
Sources
- Corporations Act 2001 (Cth) s 204A · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.