QUESTION $2(55$ marks$)$ Fishing SA Ltd $($Fishing$),$ a publicly traded company with a financial year$-$end of $30$ June $2024,$ is currently considering the appointment of a company secretary by $1$ April $2024.$ As the company was only incorporated $20$ days ago, it is essential that they swiftly explore their options to comply with all relevant legal deadlines. Fishing acquires guidance on the various alternatives available to Fishing should they decide to appoint a company secretary$,$ ensuring they meet the necessary statutory requirements. The following candidates for the position of company secretary is available for Fishing SA to elect from: Candidate number one Name: Shark Tank Experience: Good knowledge of the fishing industry and relevant shipping laws. Other information: Shark Tank is currently a Swedish resident and is applying for South African residency starting $1$ January $2024.$ Candidate number two Name: Whale Humphreys Experience: Good knowledge of the fishing industry and relevant shipping laws. Other information: Whale Humphreys is a South African resident considering emigrating to Australia in October $2024.$ He has not decided yet and cannot confirm that he will be in South Africa after October $2024.$ Candidate number three Name: Seal Smith ANNEXURE I: FORMATIVE ASSESSMENT $24$ HLAA$130-1-$Jul$-$Dec$2024-$FA$2-$AA$-$V$3-19072024$ Experience: Excellent knowledge of the fishing industry and relevant shipping laws. Other information: Seal Smith is a South African resident. She is an unrehabilitated, insolvent person. She has never been convicted of any crimes, fraud, or dishonesty. Candidate number four Name: Secretaries $4$ All $($Pty$)$ Ltd Experience: All employees have good knowledge of the fishing industry and excellent knowledge of relevant laws. Other information: No employee is disqualified from acting as director. One of the employees is emigrating in May $2024,$ leaving only two of the four employees resident in South Africa. REQUIRED: $2\mathrm{.}1$ With reference to the relevant requirements of the Companies Act of $2008,$ discuss the appointment of a company secretary by Fishing SA Ltd under the following sections: $$ Which companies must appoint a company secretary $(3$ marks$)$ Maintaining a record of the company secretary $(9$ marks$)$ The timing of the appointment and stating who is responsible for appointing the company secretary $(5$ marks$)$ and the duties of the company secretary $(7$ marks$)(24$ marks$)2\mathrm{.}2$ Assume that Fishing SA Ltd must appoint a company secretary$,$ evaluate the suitability of the four possible candidates and advise Fishing SA Ltd which candidate should be appointed. Break down your response by candidate, indicating the following for each candidate: $$ Requirements met $$ Requirements not met $$ Brief conclusion on suitability ANNEXURE I: FORMATIVE ASSESSMENT $25$ HLAA$130-1-$Jul$-$Dec$2024-$FA$2-$AA$-$V$3-19072024$ Remember to provide an overall conclusion advising which of the candidates is the best candidate for the position. $(25$ marks$)2\mathrm{.}3$ Assume that Fishing SA Ltd appointed Whale Humphreys as the company secretary on $1$ April $2024$ and that he informed Fishing SA Ltd that he will be emigrating on $1$ November $2024.$ Advise what the process is which Whale Humphreys, as well as Fishing SA Ltd$,$ need to follow in terms of the Companies Act of $2008.(6$ marks$)$