Chapter 2: Formation, Administration and Dissolution of Companies
Part F: Governance of companies

R38: Prescribed officers of companies

• (1) Despite not being a director of a particular company, a person is a "prescribed officer" of the company for all purposes of the Act if that person-
• (a) exercises general executive control over and management of the whole, or a significant portion, of the business and activities of the company; or
• (b) regularly participates to a material degree in the exercise of general executive control over and management of the whole, or a significant portion, of the business and activities of the company.
• (2) This regulation applies to a person contemplated in sub-regulation (1) irrespective of any particular title given by the company to-
• (a) an office held by the person in the company; or
• (b) a function performed by the person for the company.

Related Regulations

No related regulations.

Related Sections

s66: Board, directors and prescribed officers

Related Notes

No related note.

Related Forms

No related forms.