Who can be a director?

Disqualifications
Subject to any provision in the company's articles, any person can be a director unless they have been disqualified from so acting under the Company Directors Disqualification Act 1986 or by being an undischarged bankrupt.

Note also that a director or shadow director of a company which has gone into insolvent liquidation is prohibited for five years from being a director or shadow director, or being involved in the formation or running of a company which has the same, or a very similar, name to the liquidated company: Insolvency Act 1986, sec216.

Age limits
There is no minimum age limit, so young persons who are capable of fulfilling the duties of the position can be appointed. CA 1985, sec293 imposes a maximum age limit of 70 years for directors of public companies and on private companies which are the subsidiaries of public companies. This age limit does not apply, however, if the company's articles exclude it or if the director's appointment is approved by the general meeting, having been given notice of his or her age.

Nationality
There are no statutory limitations as to nationality or residence, etc. It would be possible to include these in a company's articles, but this is very unusual.

Shareholding
The articles may impose a share qualification, but this is unusual in modern companies' articles. If a company has such a provision in its articles, the shares must be acquired within two months of appointment: CA 1985, sec291.

Corporate directors
A company may be appointed as a director. The only limitation is in CA 1985, sec283 (4), that a company cannot have as its sole director another company, the sole director of which is the secretary to the (first) company.

Related topics

• How many directors must a company have?
• How are directors appointed?
• How does a director resign?
• How can a director be removed from office?
• What powers do directors have?
• What legal liabilities could directors incur?