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Webinar "A Person Occupying the Position of Director by Whatever Name Called" - On-Demand Webinar


The wording now in s.250 of the Companies Act 2006 referring to the term “director’ as including “any person occupying the position of director by whatever name called” has long been a source of wry amusement to lawyers and to many others searching for clarity of definition; and cases which have attempted to unravel distinctions between de facto, de jure and “shadow” directors have not always been of much assistance to them.

This webinar will consider:

  • The definitions of de facto, de jure and “shadow” directors in the light of:

(i) Recent case law in which previous judicial decisions have been reviewed and analysed, and

(ii) Definitional and other changes introduced by the Small Business,

Enterprise and Employment Act 2015

  • Other terms used to describe particular roles carried out by persons who may rank as directors, including “associate” and “alternate” directors, “nominee” and “representative” directors, and “executive” and “non-executive” directors (including “independent non-executive directors”)
  • The implications for anyone who is held to be a director in the different contexts of the Companies Act 2006 (and the “general duties” of directors under that Act), the Insolvency Act 1986 and the Company Directors Disqualification Act 1986
  • Terms used in the Companies Act 2006 in conjunction with directors: persons “connected” with a director, directors “controlling” or “connected with” a body corporate, and members of a director’s “family”
  • The possible implications of the UK Government’s proposal to consider the appointment of “employee representatives” to company boards, and the threat this may pose to the current unitary board system.
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1 hours


Mark CardaleDetails

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Available until: Mon 06 Aug 2018



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