PSI3.3.2 - Membership of Schemes: Directors -
Controlling Directors
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(This archived guidance relates to HMRC discretionary
practice before the 6th April 2006. For current guidance on
Registered Pension Schemes see the Registered Pension Schemes
Manual)
A controlling director is statutorily defined in paragraph
5(5) Schedule 23, ICTA 88. For the purpose of this paragraph a
person is a controlling director if -
- he or she is a director (as defined in
section 612) and
- he or she is within paragraph (b) of
section 417(5) in relation to the employer company.
So far as a. is concerned section 612 ICTA 88 defines a
"director" in relation to a company to include -
- in the case of a company the affairs of
which are managed by a board of directors or similar body, a member
of that board or body,
- in the case of a company the affairs of
which are managed by a single director or similar person, that
director or person,
- in the case of a company the affairs of
which are managed by the members themselves, a member of that
company;
and includes a person who is to be or has been a director.
So far as b. is concerned section 417(5)(b) defines a
"director" as a person who –
"is either on his own or with one or more associates, the
beneficial owner of, or able, directly or through the medium of
other companies or by any other indirect means, to control 20% or
over of the ordinary share capital of the company".
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