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Resignation of director

(1) A director of a company may, unless it is otherwise provided in the articles of the company or by any agreement with the company, resign as director at anytime.

(2) If a director of a company resigns, the company must deliver a notice of the resignation to the Registrar in the manner required by section 645(4).

(3) if the director resigning has reasonable grounds for believing that the company will not deliver the notice, the director resigning must deliver to the Registrar for registration a notice of the resignation in the specified form.

(4) The notice required to be delivered must state – (a) whether the director resigning is required by the articles of the company or by any agreement with the company to give notice of resignation to the company; and (b) if notice is so required, whether the notice has been given in accordance with the requirement.

(5) If notice of the resignation of a director of a company is required to be given by the articles of the company or by any agreement with the company, the resignation does not have effect unless the director gives notice in writing of the resignation– (a) in accordance with the requirement; (b) by leaving it at the registered office of the company; or (c) by sending it to the company in hard copy form or in electronic form.

Author

Gayatri Dhote

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