Should a director remove themselves?

[isdoo]

If a director has resigned from a company, can the director remove themselves from Companies House if the remaining directors ignore the resignation?

 

[ChrisCallaghan]

Yes.

Terminate an appointment of a director (TM01)

Use this form to terminate the appointment of an individual or corporate director.

www.gov.uk

 

[pentel]

the remaining directors ignore the resignation

The remaining directors can do what they want. They can't however prevent a director resigning.

This would be like person A giving person B a black eye and then person B saying they do not accept they have a black eye.

 

[WaveJumper]

On what grounds will they not accept your resignation

 

[Newchodge]

Have you made it clear that you have rsigned as a director? Are you also a shareholder and/or an employee?

 

[isdoo]

Director / shareholder

Letter ignored

 

[isdoo]

I can update via Web filing if required

 

[Mark T Jones]

I can update via Web filing if required

Then do so. Though it isn't legally biding (Companies House famously doesn't warrant information), it is a clear signal.

If there are matters of concern to you about being associated with the business, you should also let relevant parties know.

 

[eteb3]

I'm not so sure it's so easy. OP is (they think) no longer a director, yet the person signing the TM01 has to declare that they are signing as a director (or secretary, or someone generally authorised by the directors for company secretarial things). Signing a lie and placing it on the public record isn't something I'd be doing in a hurry.

I assume you're sure the articles allow your resignation to take effect immediately, and that you served it properly (on the company, most likely, rather than on the other directors).

 

[WaveJumper]

Well it could be OP has not served not his notice correctly, it could be there are current / outstanding financial obligations on the board that OP might be liable for. Personally I feel there’s more to this story

 

[eteb3]

it could be there are current / outstanding financial obligations on the board that OP might be liable for

Those wouldn't affect whether s/he's a director or not. If the resignation provisions of the articles have been followed, s/he is not a director - if they haven't been, then s/he is.

Whether the file at CH has been updated or not is irrelevant to the legal facts - though I can imagine the OP may have some difficulties where outsiders rely on the CH info.

 

[fisicx]

All you need to do to resign as a director is write to the company offices stating the effective date of the resignation. The TM01 is an administrative form. It isn’t required to resign. If the company fails to complete the TM01 they are in breach of their duties but it doesn’t mean the director hasn’t resigned.

 

[eteb3]

The TM01 is an administrative form. It isn’t required to resign.

+1

All you need to do to resign as a director is write to the company offices stating the effective date of the resignation.

No, OP needs to write to the company (at its registered office). If someone is going to have a ruck about the resignation, that sort of thing may matter.

Assuming model articles, the letter should specify the effective resignation date. But the articles can provide for all sorts of weird and wonderful things, which is why I'm suggesting OP checks them.