Who is eligible to become a Director

Who is eligible to become a Director


Who is eligible to become a Director?

As a general rule, only physical persons (i.e., individuals) are eligible to be directors of a corporation. Not all physical persons, though, can become directors. In fact, there are physical persons who are generally prohibited from becoming directors, namely:

  1. persons under 18 years of age;
  2. persons over 18 years of age who are under tutorship or guardianship or are otherwise incapacitated; and
  3. in certain jurisdictions, undischarged bankrupts.

IIf a person elected as a director fails to meet the necessary eligibility requirements described above at any time during his/her mandate, his/her election may be considered null and he/she would no longer be deemed a director. On the other hand, past acts of this director cannot generally be annulled on the sole ground that he/she was disqualified as a director.

Unless the corporation's Articles of Incorporation provide otherwise, a director is not required to be a shareholder of the corporation. In addition, certain jurisdictions require a director to be a Canadian resident - see below.




To learn more or to perform some compliance check out our site: https://www.corpcentre.ca/compliance-centre/


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