Section 333 CAMA 2020

Section 333 Companies and Allied Matters Act is about Appointment and removal of a secretary. It is under Chapter 12 (Secretaries) of the Act.

(1) A secretary is appointed by the directors and, subject to the provisions of this section, may be removed by them.

(2) Where it is intended to remove the secretary of a public company,the board of directors shall give him notice—

(a) stating that it is intended to remove him ;

(b) setting out the grounds on which it is intended to remove him ;

(c) giving him a period at least seven working days within which to make his defence ; and

(d) giving him an option to resign his office within seven working days.

(3) Where, following the notice prescribed in subsection (2), the secretary does not within the given period resign his office or make a defence, the board may remove him from office and shall make a report to the next general meeting, but where the secretary, without resigning his office, makes a defence and the board does not consider it sufficient, if the ground—

(a) on which it is intended to remove him is fraud or serious misconduct,the board may remove him from office and shall report to the next general meeting ; and

(b) is other than fraud or serious misconduct, the board shall not remove him without the approval of the general meeting, but may suspend him and shall report to the next general meeting.

(4) Notwithstanding any provision of law, where a secretary suspended under subsection (3) (b) is removed with the approval of the general meeting,the removal may take effect from such time as the general meeting may determine.