Words and Phrases - "de facto director"

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15 May 2000 Income Tax Severed Letter 2000-0008210 F - ADMINISTRATEUR DE FACTO

individual can be a de facto director who acts as such with the shareholders’ agreement or takes significant actions with 3rd parties in the corporation’s name

Regarding when an individual might be a de facto director for s. 227.1 purposes, the Agency stated:

[W]e can attempt to define a de facto director as someone who, through their actions, influences the course of events and effectively directs the operation of a corporation. Depending on the circumstances of each situation, a taxpayer may be considered a de facto director and thus have the same responsibilities as a de jure director for the purposes of the application of section 227.1. This could be the case, for example, in a situation where the taxpayer is not a de jure director but acts as such with the agreement of the corporation's shareholders or presents themself to third parties as a director by taking significant actions in the name of the corporation.

Words and Phrases
de facto director