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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2465
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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, On a listed company letterhead, when listing the

Customer Question

JA: Thanks. Can you give me any more details about your issue?
Customer: On a listed company letterhead, when listing the directors and company secretary, is it mandatory to write "Company Secretary" or can you also use just "Secretary" next to the CoSecs name?
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: South Africa Law
Customer: replied 10 months ago.
Is it possible to get an invoice or proof of payment for the company CC recon? And can you confirm that this is a R392 payment as a once-off and not a monthly membership that will roll over?
Expert:  Freddie Lombard replied 10 months ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Let me start of by explaining how Just Answer works. It is a foreign website, hosted in USA with independent experts all over the world answering questions posted by customers like yourself. I am a practicing attorney in the Western Cape and apart from answering questions, I have no involvement whatsoever with the website administrators.

As such, I cannot answer any questions regarding payments and supplying of invoices because I have simply no idea how it works. You will have to contact the website administrators and ask them for assistance.

There is no requirement for the listing of the company secretary so either one of your choices will be fine. The only requirement is that all director's forenames, initials, surnames and nationalities if the directors are not South Africa should be listed but it has become very common for company secretaries to be listed as well.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Customer: replied 10 months ago.
Thanks.What is more common to use "Company Secretary" or "Secretary"?
Expert:  Freddie Lombard replied 10 months ago.

Company Sectretary

Expert:  Freddie Lombard replied 10 months ago.

The following is an exerpt for an article by Inge Wever:

The obligations under the Old Act included:

In practical terms this means that the position under the New Act is less onerous than under the Old Act and the debate regarding whether the names of directors had to be included in each company email has finally been laid to rest.

Please remember to rate my service.

Regards

  • Section 50(1)(c) required that the company’s name and registration number be mentioned in legible characters on all official notices and publications of the company, including letters, delivery notes, invoices, receipts and letters of credit;
  • Section 171 required that the surname and initials of all the directors of the company be stated on trade catalogues, trade circulars and business letters of the company;
  • Section 268H required that the initials and surname of the company secretary be stated on trade catalogues, trade circulars and business letters of the company; and
  • Section 331 required that external companies state their name and country of incorporation, as well as their registration number on all bill-heads, letterheads and all notices, advertisements and other official publications of the company.

    With the promulgation of the new Companies Act 71 of 2008 (“New Act”), section 32(4) is the only section dealing with similar requirements to that of sections 50, 171, 268H and 331 under the Old Act.

    Section 32(4) of the New Act only requires a company to display its registered name, as well as its registration number, on all forms, notices and correspondence – electronic or otherwise – failing which, the company is guilty of an offence punishable with a fine or imprisonment of a period not exceeding 12 months, or both a fine and imprisonment.

Please remember to rate the answer.

Regards

Expert:  Freddie Lombard replied 10 months ago.

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards