NMWM05150 - Entitlement to National Minimum Wage: shadow directors
Relevant legislation
The legislation that applies to this page is as follows:
- National Minimum Wage Act 1998, section 54
General
The term 바카라 사이트渟hadow director바카라 사이트� is used to describe a person who is not on the formal list of directors but who nevertheless controls the company바카라 사이트檚 activities to a significant extent. They may be individuals or companies and again have the same duties and obligations as any other director.
The term 바카라 사이트渟hadow director바카라 사이트�, is defined in section 251 of the Companies Act 2006 as a person in accordance with whose directions or instructions the directors of a company are accustomed to act.
It is sometimes claimed that a 바카라 사이트渟hadow director바카라 사이트� should be treated as a director in respect of National Minimum Wage. However, whilst it is true that under provisions in company and revenue law a shadow director attracts some of the liabilities of a proper director, the term is not recognised in National Minimum Wage legislation.
A 바카라 사이트渟hadow director바카라 사이트� is not an office holder therefore the provisions under which a director may receive remuneration by virtue of his office do not apply. Any payments received from the company will likely be paid under a contract of some kind, either a contract of employment or a contract to perform services personally. Therefore, a 바카라 사이트渟hadow director바카라 사이트� is likely to be a worker (NMWM05020) under the National Minimum Wage Act 1998, section 54(3) and will be entitled to the National Minimum Wage if they are working under a contract.
See also: Directors, (NMWM05140)