AN EXAMINATION OF THE LIABILITIES OF THE SECRETARY OF A PUBLIC COMPANY UNDER THE COMPANIES AND ALLIED MATTERS ACT (CAMA) 2020

Abstract

This study examines the liabilities of the secretary of a public company under the Companies and Allied Matters Act (CAMA) 2020. Using a doctrinal research approach, this research analyses the statutory provisions and judicial interpretations governing the role and responsibilities of secretaries of public companies in Nigeria. The study highlights the secretary’s duties, including ensuring compliance with regulatory requirements, maintaining company records, and facilitating communication between the company and its stakeholders. The paper reveals that the secretary’s liabilities can arise from various sources, including statutory obligations, contractual duties, and fiduciary responsibilities. The paper also examines notable cases and statutory provisions, such as sections 330-334 of CAMA 2020, which outline the secretary’s role and potential liabilities. This paper contributes to a deeper understanding of the legal framework governing company secretaries in Nigeria and provides insights into the implications of non compliance. Ultimately, this study aims to inform best practices and promote effective corporate governance in public companies.