Question:
Where a director and co sec are resigning and there are two other directors and a joint co sec already appointed, does the director resigning need to attend the board meeting noting his resignation or if done by written resolution, sign the written resolution noting his resignation which would be effective from the date of the resolution?
Answer:
First the Constitution and any Agreements should be reviewed for any clauses relating to resignation of Company Officers.
A Director may resign from office by way of giving written notice to the Company as per S.148(2)(a) CA2014 and unless the letter of resignation gives an alternative date, the date the letter is received is the date of resignation. It is not necessary for the resignation to be approved by the board at a general meeting but it is best practice it is noted at a Board Meeting. It is not a requirement that the resigning Director be present at the Meeting.
Written resolution is not required unless stipulated in the constitution or any agreements.