ICAEW.com works better with JavaScript enabled.

The dangers of acting as a de facto or shadow director

Is it worth the risk? The dangers associated with acting as a de facto or shadow director

This article identifies the vulnerabilities for ICAEW members who act as a shadow or de-facto director. The web pages on Financial and accounting duties and responsibilities of directors should be read in conjunction with this article.

The Companies Act 2006 (CA2006) simply defines a director as including any person occupying the position of director, by whatever name called. However, general principles have been established in case law, including the recent Court of Appeal case of Smithton v Naggar ([2014] EWCA Ci 939).


Continue reading

This content is not freely available. To access 'The dangers of acting as a de facto or shadow director' you need to be one of the following:

ACA student

This content is available to ACA students. If you want to start the ACA qualification there are several routes you can take

Business and Finance Professional

An internationally recognised designation and professional status from the ICAEW.

ICAEW member

Gain access to world-leading information resources, guidance and local networks. 98% of the best global brands rely on ICAEW chartered accountants.

Corporate Governance Community

If you’re a board member or NED - keep up to date with the news and developments in this field.