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Director
Practical Law ANZ Glossary w-004-5333 (Approx. 3 pages)
Glossary
Director
In relation to a body corporate:
- A person who is appointed to the position of a director or is appointed to the position of an alternate director and is acting in that capacity, regardless of the name that is given to their position.
- Unless the contrary intention appears:
- a person who is not validly appointed as a director but they act in the position of a director (de facto director); or
- a person in accordance with whose directions or instruction the directors of the company or body are accustomed to act but who is not themselves validly appointed as a director of that company or body (shadow director).
(Section 9AC, Corporations Act 2001 (Cth) (CA 2001).)
A reference in Part 5.1 of the CA 2001, in relation to a Part 5.1 body, to the directors is a reference to the directors of the body or any one or more of them (section 410, CA 2001).
For a guide to Practical Law's resources on directors (including appointment of directors, directors' duties, corporate governance and vacation of office), see Toolkit, Directors.