Form with which the board of directors of a corporation accepts the resignation of a corporate officer.
Director Resignation By Email In Maryland
Category:
State:
Multi-State
Control #:
US-0005-CR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
California employment law strictly prohibits employers from engaging in coercive tactics to force an employee to resign.
The statutory provision allowing any director to be removed from office by ordinary resolution of the shareholders is in Section 168 of the Companies Act 2006 (CA06). Importantly, the resolution must be proposed at a formal shareholders' meeting and cannot be passed as a written resolution.
If one cannot persuade a corporate director to resign, then one does not ``force'' a resignation. Instead: The shareholders vote to remove the director; or If permitted by the corporation's bylaws, the other directors vote to remove the director in question. Disclaimer:
A formal email will usually suffice, but some directors may prefer to send a physical letter of resignation. If sending a letter by post, use the recorded delivery option and send this to the company's registered office, for evidentiary purposes.
Filing of Form DIR-12: The company must then file Form DIR-12 with the Registrar of Companies (ROC). This form serves as a notification of the director's resignation or removal, including cases where the position is vacated due to absence from meetings.
Under section 71 of the Act a director may be removed from office by ordinary resolution (a resolution adopted with support of more than 50% of the voting rights exercised on the resolution) of the shareholders in a general meeting, by the board of director's resolution, and by the Companies Tribunal in certain ...
If the director resigns; if the director becomes bankrupt or makes any compromise or arrangement with his or her creditors generally; if the director suffers from mental disorder; if the director is prohibited by law from being a director (which includes disqualification);
Secondly, hand in (or send) your official resignation letter. It should include key components such as your last day of employment and the notice period. You can either hand in your resignation in person or send it by email.
Email is certainly acceptable, but make it a formal one! Don't bury the lede! Make it clear that your letter is meant to communicate your exit from the board of directors. You've got two choices when you resign: step down effective immediately, or set a date in the future.
