Regulatory Alerts2018-09-12
Added · Updated
Q&A: Does directorship automatically constitute de facto directorship
Holding the title of a director of a private or public limited company does not automatically classify an individual as a de facto director. Liability is determined by who effectively instructed an offence or directed prohibited conduct, which may include individuals subordinate to the management board. Consequently, there is no strict liability for directors based solely on their articles of association, as the actual situation and actions are decisive.
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