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Company Directors

Key Points

  • The position of "company director" is an "office" not an employment.
  • A director may be an employee as well as being a director but this is not automatic - indeed it is common practice for companies to have non-executive directors who are not employees, have no service agreement and no employment relationship of any sort with the company. 
  • Depending on the circumstances, a person who is the controlling shareholder of a private company, and who is also a director or "shadow director" may or may not be an employee for the purpose of the rules which give "employees" rights to claim unpaid salary etc from the government if the company becomes insolvent. The position will depend on the facts of the particular case
  • The Companies Act 2006 sets out the duties of Directors
  • The Companies Acts require that the home address of any director (as well as an address for service of legal documents) be filed at Companies House. As from 1st October 2009 newly entered home addresses will be "protected information" and will generally be disclosable to credit reference agencies and specified public authorities only.

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