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welcome to the latest edition of hctv the concept of shadow and directorship has its genesis in section 9 of the corporations act section 9 provides that an officer of a corporation is a director or secretary of the corporation or someone who has the capacity to docHubly affect the decision-making in respect of the corporation or someone who has capacity to docHubly affect the financial standing of the corporation or a person in accordance with whose instructions a duly appointed board is accustomed to act accordingly its possible to be a director of a corporation without being formally appointed to the role some of the most blatant examples of phoenix behaviour have involved individuals who werent involved who werent formally appointed to the role of director it is it is in court it is consistent with principle that a body corporate can be treated as a de facto or shadow director a company or an individual who is a shadow director will be required to comply with the duti