Clifford Chance

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Lender as a Shadow Director

19 May 2017

  • The concept of shadow directorship
  • The starting point of our analysis: the exceptional nature of shadow directorship
  • Shareholder status carries no risk of shadow directorship being considered to exist
  • Monitoring compliance with a facility agreement does not trigger an instance of shadow directorship
  • Significant interferance
  • Conclusion

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Lender as a Shadow Director

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