Flex Posted June 28, 2016 Share Posted June 28, 2016 Ok, never thought this would happen. I set up lots of Ltd companies and to simplify things I appoint myself as Company Secretary. A client is being investigated by HSE, who've contacted me and asked me to sign a statement declaring that I've supplied financial statements to HSE and that I'm Co Sec, I've also asked them to add into that statement that I do not run or have any other involvement in the business. I'm pretty sure I have no comeback on me personally as I dont run the business I purely do end of year accounts. I just cant help but feel a little nervous about signing something like this, especially as the incident involved a death. Quote Link to comment Share on other sites More sharing options...
ZMANALEX Posted June 28, 2016 Share Posted June 28, 2016 http://www.lawdonut.co.uk/law/ownership-and-management/the-board-of-directors/role-of-the-company-secretary Quote Link to comment Share on other sites More sharing options...
marzman Posted June 28, 2016 Share Posted June 28, 2016 Quote Link to comment Share on other sites More sharing options...
ioneabee Posted June 28, 2016 Share Posted June 28, 2016 as there is a death involved I would be consulting an appropriate solicitor for legal advice Quote Link to comment Share on other sites More sharing options...
Arkwright Posted June 28, 2016 Share Posted June 28, 2016 when I was a cop {many long moons ago) if the driver of a company vehicle committed an offence for which the company was also liable it was the company secretary who was held responsible. Quote Link to comment Share on other sites More sharing options...
Ekona Posted June 29, 2016 Share Posted June 29, 2016 Unfortunately you have no choice but to sign the letter confirming your involvement. Being a CoSec has certain legal responsibilities regardless, and you should never agree to be one without fully understanding those. I know that's the last thing you need to hear right now, and I'm sorry that that comes across as incredibly harsh, but it's the truth. Now saying that, it's unlikely you'll have anything to worry about. If you had zero involvement in the operating of the company then it's unlikely you'll have breached H&S law. However, I would absolutely stop making yourself as CoSec from this point on. 1 Quote Link to comment Share on other sites More sharing options...
ZMANALEX Posted June 29, 2016 Share Posted June 29, 2016 If you appoint yourself as a CoSec to simplify the initial setting up of a company, it is very straight forward and easy to resign from that position as soon as the company is set up and registered. This is a procedure that I would highly recommend that you follow through on the sec positions that you hold at present. Quote Link to comment Share on other sites More sharing options...
Flex Posted June 29, 2016 Author Share Posted June 29, 2016 I'm a bit happier having read through this: http://www.hse.gov.uk/enforce/enforcementguide/investigation/identifying-directors.htm Quote Link to comment Share on other sites More sharing options...
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