A de facto director is a person who acts as a director but who has never been validly appointed to that position.A person can be involved in the management of a company without becoming a de facto director. A definitive test for determining whether someone is a de facto director has not yet emerged, but a number of suggestions are made in the cases. It has been judicially stated that the question that has to be asked in determining whether someone is a de facto director is whether he is part of the corporate governing structure and that this is a question of degree which must take into account all relevant factors including: whether there was a holding out of the individual as a director; whether the individual used the title; whether the individual had proper information (eg management accounts) on which to base decisions; and whether the individual had to make major decisions.
Another judicial formulation of the test for judging whether someone is a de facto director is to ask whether he undertook functions in relation to the company which only directors could properly perform
I copied this from a website. It poses some elements to establish a defacto director. Wasn't it Leckrone who basically ran the SHM in the past? He seems to be the one that has guided our corporate strategy regarding the MMP. Or is he just a licensing partner?