Q&As

Where a director resignation Form TM01 is erroneously filed at Companies House, does this have the effect of resigning the director in fact? If so, would this invalidate the execution of documents by the individual during the period of the erroneously-filed form?

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Published on LexisPSL on 04/05/2018

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • Where a director resignation Form TM01 is erroneously filed at Companies House, does this have the effect of resigning the director in fact? If so, would this invalidate the execution of documents by the individual during the period of the erroneously-filed form?

The Companies Act 2006 (CA 2006) does not contain any specific provisions about how a director may resign. Subject to any specific provisions in the company's articles of association or the director’s contract of employment, it is usual practice for a director to resign by way of a resignation letter addressed to the other directors of the company.

If the company has adopted the model articles of association, they will

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