Form with which the board of directors of a corporation accepts the resignation of a corporate officer.
Form with which the board of directors of a corporation accepts the resignation of a corporate officer.
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);
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:
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.
Once the resignation is official, the board usually accepts it formally at a board meeting. The board can't rescind an official resignation without approval from the board. The board should hold off on nominating a replacement board member until the board accepts the resignation.
California employment law strictly prohibits employers from engaging in coercive tactics to force an employee to resign.
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 ...
What this means is that, subject to the company's articles of association, a sole director can resign leaving the company without any directors, and can do so without breaching their fiduciaries duties.
No minimum period of notice is required unless otherwise provided. Giving notice must therefore be considered carefully.
Dear Sir/Madam, I hereby tender my resignation from the office of the Director of the Company Name Private Limited with immediate effect (or resignation date) and request that a notice of my resignation letter be given to the Registrar of Companies and the Board of Directors be informed at their next Board Meeting.
Ideally this should take the form of a written notice, either left at or send to the company's registered office, stating your intention to resign and the date this is to be effective from.