Subject to the provisions of the Companies and Allied Matters Act 2004 (CAMA), a private company may appoint any competent person as its Secretary. The CAMA does not exclude the director of the same company as an eligible person for such a position.

Consequently, a private company may appoint one of its directors as a company secretary since every person eligible for a position of the director of a private company under CAMA are also eligible or qualified to be the company secretary.

However, it is important to take note that although foreigners are qualified to be appointed as directors of any company in Nigeria, a foreigner cannot be a secretary of any company in Nigeria. Therefore, any director of a company not resident in Nigeria is not eligible to be a company secretary under Nigerian law.

 

By Corporate & Commercial Law department of Resolution Law Firm

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