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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 16 December 2016 - onwards
Version 3 of 3

Article 217 Shadow directorship

(1) A relevant person is not to be treated, in relation to a company under resolution, as -

(a) a shadow director for the purposes of the enactments specified in paragraph (3);

(b) a person who discharges managerial responsibilities for the purposes of those enactments (unless that person has been appointed as a director); or

(c) a director by virtue of paragraph (b) of the definition of "director" given in section 417(1) of FSMA (a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act).

(2) "Relevant persons" are -

(a) the Bank;

(b) persons who are employed by, or act on behalf of, the Bank;

(c) a resolution administrator appointed under section 62B of the Banking Act 2009 [Section 62B was inserted by S.I. 2014/3329.]; and

(d) a temporary manager appointed under section 71C of the Financial Services and Markets Act 2000.

(3) The specified enactments are -

(a) the Companies Act 2006;