Practice areas: Employment Law
The legal status of the statutory director is unique. When a statutory director is employed by a company, this director is in fact not only a formal director of the company, but also an employee of the company. The statutory director therefore has a dual legal relation – one under company law and one under employment law. In this serie of blogs, we will discuss various aspects of this dual legal relation of the statutory director.
This blog series consists of the following four blogs:
Before we discuss the legal position of the statutory director and the rules regarding his of her dismissal in more detail, we will first clarify the distinction between a statutory director and a formal director. This distinction is crucial, although not always clear in practice. In this first blog, we will discuss the characteristics of and differences between the two positions.
The second blog focusses on the dismissal protection of the statutory director. We will examine what the dual legal relation – one under company law and one under employment law – means in the context of dismissal and highlight the key considerations.
In the third blog, we will provide a detailed, step-by-step guide to the dismissal procedure for a statutory director. As understanding and correctly following the required formalities is essential, we will outline these formalities and explain how to navigate them. Additionally, we will address the key points to consider after the dismissal of a statutory director.
The fourth and final blog will explore the situation following the dismissal of a statutory director. We will discuss the important considerations and options available to a statutory director after (invalid) dismissal.
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