By Rev. TL Mashiloane
Elevating the Role of the Company Secretary: From Administrative Clerk to Governance Advisor
Member, Institute of Directors in South Africa (IoDSA)
16 years of experience in Corporate Governance
Serves on various Councils, Boards, and Committees, including:
- Health Professions Council of South Africa (HPCSA)
- Free State Gambling Liqour and Tourism Authority (FSGLTA)
- Legal Practice Council (LPC)
- Cape Peninsula University of Technology (CPUT)
- Gauteng Mental Health Review Board (GMHRB)
Introduction
The Company Secretary plays a vital role in Board governance, yet many in this position underestimate their influence and reduce themselves to mere administrative tasks. However, the Company Secretary should be a trusted advisor to the Board of Directors, providing expert guidance on legal and governance matters. In this article, I’ll explore the evolving role of the Company Secretary and why a deep understanding of law and governance is essential for success.
The Traditional Role vs. The Evolving Role
Historically, the Company Secretary has been seen as a clerical position, responsible for minute-taking, document filing, and administrative tasks. However, as corporate governance has become increasingly complex, the role has evolved to require a deeper understanding of legal and governance issues.
The Modern Company Secretary: A Governance Advisor
Today’s Company Secretary should be a strategic partner to the Board, providing expert advice on:
- Legal compliance and risk management
- Governance best practices and regulatory requirements
- Board dynamics and effectiveness
- Stakeholder engagement and communication
Why a Legal Qualification Matters
A Company Secretary with a legal qualification brings a unique perspective to the role, enabling them to:
- Interpret complex legal and regulatory requirements
- Provide informed guidance on governance matters
- Identify potential risks and liabilities
- Ensure compliance with statutory obligations
Beyond Legal Knowledge: Understanding Governance
While legal knowledge is essential, a Company Secretary must also understand governance principles, including:
- Board composition and diversity
- Director responsibilities and liabilities
- Committee structures and functions
- Stakeholder engagement and reporting
Conclusion
In conclusion, the Company Secretary plays a critical role in Board governance, far beyond administrative tasks. To truly add value, the Company Secretary must be a trusted advisor, possessing a deep understanding of law and governance. By elevating the role to its rightful position, organizations can ensure effective governance, compliance, and strategic decision-making.
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