Resigning as Director of Irish Company

Renee

Hi

Does anybody know the process for resigning as a Director from an Irish company? Who do you need to send the actual resignation letter to?

Is there an organisation who look after all the company formations in Ireland such as there is in the UK (Companies House) that I can talk to?

Thanks guys!

smcgiff

You need to send the CRO a form letting them know you're resigning. I think it's the B10, but not 100% sure.

Also, you can only resign in such a way if there are at least two other directors remaining. If not you need to go down another, more complicated, route.

fowler100

file a b10, have a boad meeting and record the minute(s).

thecleverone

If you are resigning as a Director of an Irish Limited Company, you cannot file the B10 yourself. The B10 will need to be signed by an existing, current Director of the Company.

The process would be as follows:
(1) You would need to send a letter in writing to the Directors of the Company, informing them of your resignation.
(2) The Directors of the company would convene a meeting and a resolution will go forward to resign you as a Company Director.
(3) The Directors would pass the resolution to resign you as a Director from the company.
(4) A B10 would need to be completed by the Directors and filed with the CRO. The remaining Directors would need to ensure that they comply with leglislation set out in the Companies Act, by having a minimum of two company Directors in the Company at all times.
(5) The Register of Directors would need to be updated showing your resignation.

If its a case that the second Director (for whatever reason) will not file the B10, the procedure that must be adhered to is as follows:
(1) You would send a letter in writing to the Directors of the Company informing them of your resignation and requesting that they file a B10 with CRO showing your resignation.
(2) If after 14 days, the B10 has not been filed, you would again send another (registered) letter to the Company stating your resignation and requesting again that the file all necessary paperwork.
(3) Should the Directors not file the required paperwork with CRO, you can then file a B69 form yourself (which can be downloaded from www.cro.ie), attaching copies of the 2 letters previously sent to the Company.
(4) The CRO will take note of your resignation.

The onus is then on the company to ensure that the minimum of 2 company Directors rule is adhered to. Should your resignation from the company only leave one Director on Board, its is the responsibility of the Company to appoint someone else in your place to remain compliant.

PM me if you have any other Q's.

SS

fmcla

thecleverone wrote: »

If you are resigning as a Director of an Irish Limited Company, you cannot file the B10 yourself. The B10 will need to be signed by an existing, current Director of the Company.

The process would be as follows:
(1) You would need to send a letter in writing to the Directors of the Company, informing them of your resignation.
(2) The Directors of the company would convene a meeting and a resolution will go forward to resign you as a Company Director.
(3) The Directors would pass the resolution to resign you as a Director from the company.
(4) A B10 would need to be completed by the Directors and filed with the CRO. The remaining Directors would need to ensure that they comply with leglislation set out in the Companies Act, by having a minimum of two company Directors in the Company at all times.
(5) The Register of Directors would need to be updated showing your resignation.

If its a case that the second Director (for whatever reason) will not file the B10, the procedure that must be adhered to is as follows:
(1) You would send a letter in writing to the Directors of the Company informing them of your resignation and requesting that they file a B10 with CRO showing your resignation.
(2) If after 14 days, the B10 has not been filed, you would again send another (registered) letter to the Company stating your resignation and requesting again that the file all necessary paperwork.
(3) Should the Directors not file the required paperwork with CRO, you can then file a B69 form yourself (which can be downloaded from www.cro.ie), attaching copies of the 2 letters previously sent to the Company.
(4) The CRO will take note of your resignation.

The onus is then on the company to ensure that the minimum of 2 company Directors rule is adhered to. Should your resignation from the company only leave one Director on Board, its is the responsibility of the Company to appoint someone else in your place to remain compliant.

PM me if you have any other Q's.

SS

Hi - what is the penalty for a director in non-compliance - for instance, refusing to sign off company accounts?

Fred BluntStoned

http://www.cro.ie/en/downloads-information-leaflets.aspx

No mention of registered mail, although this would be a good idea for legal verification of having been sent.

Exact article is Info leaflet 18:
http://www.cro.ie/GetAttachment.aspx?id=c37f291e-7648-405d-a843-b87de860764a

This should be up to date as of June 2012