as
director by executing and lodging the prescribed Form 45
with the Registry of Companies and Businesses, declaring
that he is not legally disqualified from acting and
affirming his consent to act. A failure to observe the
formality prescribed by Section 146 will result in the
relevant person not appearing as a director on official
record. Readers may recall from our previous discussions
(See: Directors: Who are they? Lianhe Zaobao, October 4,
1998 ) that such a person will be a 'de facto' director and
is obliged to discharge all the statutory obligations of a
director, even though he does not appear on official record.
(The writer is the Senior Partner of Loo & Partners. He
qualified as a Barrister-at-Law at Lincoln's Inn, London,and
obtained his Master of Laws from London University. Mr Loo
is also a fellow of the Chartered Institute of Arbitrators,
London.)
