Can a director of a holding company be considered a de facto director of the subsidiary company?

The concept of a de facto director represents a nuanced and fascinating legal principle that challenges traditional notions of corporate leadership. Corporate lawyers in Sri Lanka have long grappled with the complex dynamics of directorship, particularly when examining the relationship between a holding company and its subsidiaries. This article delves deep into the critical question: Can a director of a holding company be considered a de facto director of the subsidiary company? The Fundamental Landscape of Corporate Directorship The legal framework surrounding corporate directorship is far from straightforward. While formal appointments through official channels are clear-cut, the realm of de facto directorship introduces a layer of complexity that demands careful legal scrutiny. A de facto director is an individual who, despite not being formally appointed, effectively acts in the capacity of a director, wielding significant influence and control over a company's...