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Directors’ duties revisited

Further to our Article Directors Duties in Difficult Times from April 2020, The Chartered Governance Institute has recently published guidance for directors providing a useful summary of their statutory duties and some practical guidance to enable compliance.  Although some points are aimed at public companies, the summary and practical guidance are useful for private companies also. 

The Companies Act 2006 confirms that a director is “any person occupying the position of director, by whatever name called” so shall include de facto and shadow directors.

Directors should be aware that in addition to their statutory duties they have to act in accordance with the company constitution, the Articles of Association, which may provide more rigid duties therefore directors need to be aware of this. 

There could be civil or criminal repercussions for a director should they fail to comply with their statutory duties therefore knowledge and understanding is key.

If you are already a director of a company, are to be appointed a director, or have read the guidance from The Chartered Governance Institute and have queries or concerns about the duties owed to your company, please do not hesitate to get in touch.  In the first instance, please contact Kirstin Ejsmont at kirstin@mackinnons.com.

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