What is a director? Section 9: Reference to a director includes those formally appointed as director and those who act in the capacity of a director regardless of their name and title given unless there appears a contrary intention ((b) and s 6(1))
by Leslie Phung
1. Formal appointment of directorship
2. De facto directors Section 9(b)(i): A de facto director is a director that is not validly appointed but will be treated as a director because that persons acts as director.
3. Shadow directors A shadow director is when the defendant company instructs a director to act in relation to the company, they also acted directors in question in accordance with those directors and they were also accustomed to act.
4. Nominee directors A nominee director is a term that applies when a person is appointed as a director in order to represent the interests of a person or group. Appointers are usually individual shareholders, a class of shareholders, a major creditor to the company and sometimes even employees to the company.
