Form with which the board of directors of a corporation accepts the resignation of a corporate officer.
Resignation Of Director Procedure In Utah
Category:
State:
Multi-State
Control #:
US-0005-CR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
As per sec168 of Companies Act, 2013 a director may resign from company by giving notice in writing to company and board on receipt of notice, company intimate to ROC within 30 days of receipt of notice. Director may also intimate to ROC (forward copy of resignation) along with reason for resignation.
To file Form DIR-12 along with reason of resignation within 30days from date of resignation (this form is completely optional). It is recommended for director to file Form, if there is reason to believe that company may delay or default in filing form.
Following your resignation you are no longer a director, and therefore your do not have these responsibilities to the company any longer. On the other hand, you will no longer have access to the company's accounts nor the ability to say how the company should be run.
The Corporations Code states that "Any director may resign effective upon giving written notice to the chairman of the board, the president, the secretary or the board of directors of the corporation..." (Corp. Code § 7224(c).)
Notice period: This typically varies with territory and position. Executive-level roles in Europe typically require three months notice, but in the United States, it can be as little as two weeks. While it is possible to negotiate your notice period, always work to a schedule dictated by your notice period.
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.
Ensure Acceptance by the Board (If Required) Depending on your company's rules, the board may need to formally accept your resignation and record it in the minutes of a board meeting. Some companies allow immediate resignation upon receiving your notice, while others might require a resolution to effect the change.
One way is to write a letter to the board and ask to read it out loud at your final board meeting. The board should include your letter as part of the board meeting minutes. The other way is to follow the chain of command. Tell the board chair first, then the executive director and then the whole board.
The resignation need not be accepted by the board for it to be effective. In addition, the company will have to lodge a prescribed notice of the director's vacation of office (whether by resignation or otherwise) with the Registrar within one month of a person ceasing to be a director of the company.
Employer's Acceptance of Resignation. Under Philippine law, resignation is a unilateral act that does not require employer approval. However, the resignation must be communicated effectively, and the employer retains the right to enforce the notice period unless waived.
