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Re Kaytech International

[1999] 2 BCLC 351

Case summary last updated at 21/01/2020 22:14 by the Oxbridge Notes in-house law team.

Judgement for the case Re Kaytech International

Issue was definition of a de facto director. Held:
·       Is no single test for whether someone is de facto director.
·       Someone is de facto director if they have assumed the status and functions of a director 
Ø  i.e. so as to make themselves responsible as though they were a director
·       On facts, D was a de facto director
Ø  Had helped set up company
a.     Had pretended to raise capital for company
b.     Had described himself as director on at least one important occasion
Relationship between shadow/de facto directors
·       Concept of shadow directors and de facto directors are usually distinct
Ø  However they have common feature that person in question is alleged to have exercised real influence over company

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