- Title
- Defining and regulating de facto and shadow directors: lessons from New Zealand
- Creator
- Botha, Bernardus Hermanus
- Subject
- Business law
- Subject
- Companies Act 71 of 2008.
- Subject
- Company Management
- Date Issued
- 2024-04
- Date
- 2024-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/63059
- Identifier
- vital:73182
- Description
- The term ‘director’ is commonly limited to those persons who have been validly appointed as directors. These directors are referred to as de jure directors. However, this is not the only type of director found in practical corporate settings. There are also those who have not been validly appointed as a director, who nonetheless act as directors and who are held out by companies as such. These persons are known as de facto directors. An individual who has not been validly appointed as a director, who is not held out by a company as such, but who still exercises some measure of control over the affairs of a company, is known as a shadow director. The existence of de facto and shadow directors is not peculiar to South Africa. New Zealand has seen fit to regulate de facto and shadow directors and has done so for over 70 years. Owing to the ambiguous wording of the definition of ‘director’ contained in the Companies Act, there is uncertainty whether the current definition in the Companies Act 71 of 2008 extends to de facto and shadow directors. This uncertainty resulted in the non-regulation of these forms of directorship. The Act only applies to those individuals who fall within the definition of ‘director’. The practical effect of this is the absence of clear avenues of accountability to those who occupy a position of power within a company without being appointed as a de jure director. Considering this, the core objectives of this research are to illustrate the far-reaching consequences of the non-regulation of de facto and shadow directors and how this problem may be remedied.
- Description
- Thesis (LLM) -- Faculty of Law
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (210pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | BH. BOTHA - 217315798 - JBDV500 - LLM DISSERTATION April 2024.pdf | 4 MB | Adobe Acrobat PDF | View Details Download |