What to do if a company won't resign you as a director/secretary?
If you are an officer a company and want to resign your position but the company won’t remove you as a director, there is a mechanism to formally remove yourself where the company has not or will not file a Form B10.
The Process
You submit a letter of resignation to the company, you should post this to the company’s registered address. The resignation letter should be in a prescribed format set out by the CRO.
If the company has not filed a Form B10 within 14 days of receiving your letter, issue a 21-day notice to the other officers of company informing them of your resignation and attach a copy of the letter issued at Step 1 above. This notice should also be in a specified format.
If after 21 days the company has still not filed a B10, you can now file a Form B69 and attached the two previous letter which you issued to the company notifying them of your resignation.
If the documentation submitted to the CRO is complete and accurate, the resigning officer’s details will be removed from the CRO records in relation to the company concerned.
If you need assistance with filing a B69 or resigning from a company, please get in touch with us here.