One of the most astute appointments I have ever madeA company director we successfully defended against disqualification
A “director” is not generally defined in legislation, but relates to any person occupying the position of director by whatever name called.
This can include
- senior managers;
- trustees; or
Conventionally, a director appointed to a company’s board and registered at Companies House is referred to as a de jure director. A director will always include non-executive directors who, although not having a role in the company’s day-to-day affairs, have identical responsibilities to the executive directors (i.e. the active directors) in respect of company affairs and duties under the Companies Acts.
Other individuals may also be defined as a director and therefore be subject to the same responsibilities and requirements of ordinary de jure directors. These generally fall into one of two definitions, either a “shadow director” or a “de facto director”.
- shadow directors are specifically included within the definition of a director by statute, which describes such persons as, “a person in accordance with whose directions or instructions the directors of a company are accustomed to act,” although this excludes roles where the directors acted in reliance of an individual acting in a professional capacity (e.g. an accountant).
- de facto directors are not generally defined by the legislation but are well recognised in common law as comprising those individuals who act as a director even though not validly appointed as so.
Francis Wilks & Jones is the county’s leading firm of director disqualification solicitors. We are genuine experts in what we do with a combined experience of over 75 years in director disqualification claims. Contact one of our friendly expert solicitors now for your consultation.
Over the ten years we have worked together, FWJ continue to achieve exceptional results year on year. Andy Wilks and the team have been a pleasure to work with and have always provided pragmatic, commercial and accurate advice on a wide range of matters. FWJ have become an integral part of our business and we cannot recommend them highly enough.A longstanding client whom we have advised on various matters