Student visa - company secretary

[hsmpwpilr]

Hello,

A friend of mine is planning to start a Limited company in UK for IT contracting work. One of the requirement for company formation is that it must have a company secretary. I have following questions regarding the qualification of the person for the company secretary:

1. Does the person have to be UK national/ UK resident ?
2. Can anybody in UK (e.g. person on student visa/visitor visa) be company secretary ?

I'd appreciate if you could help. Thank you.

[vinny]

You should employ people who have the right to work. See also Complying with the law.

[sakura]

Hello,

A friend of mine is planning to start a Limited company in UK for IT contracting work. One of the requirement for company formation is that it must have a company secretary. I have following questions regarding the qualification of the person for the company secretary:

1. Does the person have to be UK national/ UK resident ?
2. Can anybody in UK (e.g. person on student visa/visitor visa) be company secretary ?

I'd appreciate if you could help. Thank you.

1. Unless the company secretary is a highly paid/skilled job, it will not meet the requirements for a work permit, and as such you will have to employ someone with a legal right to work in the UK...typically a UK, EU/EEA citizen, or someone with a HSMP, WHM, IGS or other visa. Remember that work permits cannot be transferred.

2. You CAN NOT employ someone on a visitor's visa...the name itself states that the visaholder is visiting the UK and thus has no right to work in the UK. You can employ a student visa holder but ONLY for 20 hours per week (P/T) during the term.

[Wanderer]

Company Secretaries incur and not insignifant legal obligation and I think from memory - risk personal liabilty for any company wrong-doings....

So I'd get ur accountant to do it, it's what I did when I was limited, it's not fair to subject a friend, foriegn or not, hehe, to this risk. If ur accountant is any good and honest he'll not mind the extra money....

[hsmpwpilr]

Thank you all for your comments.

[Mr Rusty]

Company Secretaries often are included on the board of directors. The Immigration Rules relating to students say this:-

"(vii) does not intend to engage in business or to take employment, except part-time or vacation work undertaken with the consent of the Secretary of State; and

(viii) is able to meet the costs of his course and accommodation and the maintenance of himself and any dependants without taking employment or engaging in business or having recourse to public funds; "

I do know of a student who was found not to be attending his college. Bizarrely, that is not an immigration offence, but he was served with papers for working in breach of his conditions, because his name had been included on the board of directors at the place where he worked, and he was deemed to be engaging in business.

I would be very cautious about anybody with Leave as a student taking up such a position as company secretary.