Verbal Resignation as a Director sufficient?

[janos24]

Is a verbal resignation as a director sufficient or do I need to sign / send a document?

 

[fisicx]

No. You need to do this:

Terminate an appointment of a director (TM01)

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

www.gov.uk

 

[janos24]

Thanks! If a co-director already did that, is that sufficient?

 

[fisicx]

Not sure what you mean. Has the other director filled in the form? Have their details been removed from CH?

 

[Newchodge]

Thanks! If a co-director already did that, is that sufficient?

No, you have to do it so you cannot later claim that you did not resign.

 

[janos24]

Okay thanks! The other director has done it on my behalf. How can I make sure that there are no loose ends in this case? My name has already been removed from Companies House.

 

[Newchodge]

Okay thanks! The other director has done it on my behalf. How can I make sure that there are no loose ends in this case? My name has already been removed from Companies House.

Are you a shareholder? Have you signed any personal guarantees? Personal guarantees for banks or credit cards or loans or anything?

Personally I would send the form myself.

 

[eteb3]

Legal position as I understand it:

Model articles state director’s appointment is terminated if

(f) notification is received by the company from the director that the director is resigning from office, and such resignation has taken effect in accordance with its terms.

No requirement for this notification to be in writing, tho ofc to avoid ambiguity & disputes that’s always advisable. In your case company has acknowledged oral notice,so no ambiguity.

Your notification to the company suffices to end your directorship. Telling Companies House subsequently ensures the register reflects the change; it does not effect the change.

And it’s the company’s responsibility to update the register (and every remaining director’s), not yours. Legally you can’t even sign the form once you’re no longer a director, unless “authorised generally or specifically in that behalf by the directors” (CA270/274). Signing the form may amount to a criminal misstatement

Still, what @fisicx and @Newchodge have said is good from a pragmatic pov, and probably what almost everyone does.

 

[Ozzy]

Just for the avoidance of doubt. There is a misconception that being listed at Companies House means you are a director, or not being listed on Companies House means you are not a director.

The records held at Companies House are not an accurate reflection of the state of a company. Someone can legally be a director of a company and not be listed on Companies House as a director, it is the Statutory Register of the company that should be held at the Registered Address of the company that is the official and accurate record of who is and is not a director of a company.
Always assume Companies House is wrong unless proven otherwise.

My advice, confirm your resignation in writing to the co-director and also request in writing to the Company Secretary (if the company has one) to ensure the statutory records are updated to reflect the resignation. If the company does not have a statutory appointed Company Secretary then make the request to the remaining director - who will be expected to carry our the Company Secretary role.