---
title: "Check whether a company must have a secretary and where a secretary resides"
url: "https://ailawframework.com/practice/commercial-and-corporate-advisory/check-whether-a-company-must-have-a-secretary-and-where-a-secretary-resi"
type: "task"
site: "AI Law Framework"
id: "A1-JU20261022-24"
practice_area: "Commercial & Corporate Advisory (contracts, company law, governance)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether a company must have a secretary and where a secretary resides

> From the register, list the secretaries and any residence the file gives for them. Do not decide that the requirement is met.

Canonical page: https://ailawframework.com/practice/commercial-and-corporate-advisory/check-whether-a-company-must-have-a-secretary-and-where-a-secretary-resi  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial & Corporate Advisory (contracts, company law, governance)](https://ailawframework.com/practice/commercial-and-corporate-advisory.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

A proprietary company need not have a secretary. If it has one or more, at least one must ordinarily reside in Australia. A public company must have at least one, and at least one must ordinarily reside in Australia.

- What the AI does: 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 does: The lawyer confirms the company type and whether at least one secretary ordinarily resides in Australia where the section requires that.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. 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.
2. A public company must have at least one secretary. At least one of them must ordinarily reside in Australia.
3. An offence based on either duty is an offence of strict liability.
4. The lawyer decides ordinary residence. The note does not appoint a secretary.

## Notes

- 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.

## Sources

- [Corporations Act 2001 (Cth) s 204A](https://www5.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s204a.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/commercial-and-corporate-advisory/check-whether-a-company-must-have-a-secretary-and-where-a-secretary-resi/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*