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Director to move

  • 05-02-2011 9:38pm
    #1
    timbertommy77
    Closed Accounts Posts: 3 ✭


    Dear Community,


    I'm looking to step off as a director from a private limited company, which has never been traded. What to do?


Comments

  • #2
    dbran
    Registered Users, Registered Users 2 Posts: 2,094 ✭✭✭dbran


    Hi

    If you have consent of the existing director then you file a B10 in the CRO.

    However a company must have at least 2 directors so if you resigning means that this is so you will have to find another director to take your place.

    Kind Regards


    Dbran


  • #3
    thecommander
    Registered Users, Registered Users 2 Posts: 2,537 ✭✭✭thecommander


    Yep. As above but write a dated letter of resignation and present to other director. Keeps it all above board.

    They file the B10, not you.

    If they refuse (as happened with a business I was in), then a B69 needs to be filed by you.


  • #4
    timbertommy77
    Closed Accounts Posts: 3 ✭timbertommy77


    thecommander wrote: »
    Yep. As above but write a dated letter of resignation and present to other director. Keeps it all above board.

    They file the B10, not you.

    If they refuse (as happened with a business I was in), then a B69 needs to be filed by you.



    Thank you for the reply for both.

    Is there any certain time frame the B10 must be filled by the board?

    How long will I wait until I decide to fill the B69?


  • #5
    thecommander
    Registered Users, Registered Users 2 Posts: 2,537 ✭✭✭thecommander


    timbertommy77 wrote: »
    Thank you for the reply for both.

    Is there any certain time frame the B10 must be filled by the board?

    How long will I wait until I decide to fill the B69?

    Here it is off the CRO site
    3. What procedure must I follow?
    The procedure is as follows:
    (a) The resigning officer must notify the company in writing of his/her resignation (exhibit “A” to Form B69).
    (b) If the company fails to lodge a Form B10, the officer who has resigned must then serve a notice on the company. This notice (exhibit “B” to Form B69) must specifically
    i. request the company to send notification of the fact of the resignation ie Form B10, to the Registrar of Companies within 21 days;
    ii. inform the company that failure to do this will result in Form B69 being filed in the CRO, and in the resigning officer sending a written request (enclosing a copy of his/her letter of resignation) to every person who, to his/her knowledge, is an officer of the company, that he/she will take such steps as will ensure that the failure of the company to comply with the notice continues no further.
    (c) If a Form B10 is not filed by the company within the 21 day period stipulated, a copy of the notice of resignation may be sent to every person who, to the resigning officer’s knowledge, is an officer of the company, together with a written request that he/she take such steps as will ensure that the failure of the company to comply with the notice continues no further.
    (d) File Form B69, to which must be attached:
    i. a copy of the notice of resignation referred to at 3(a) above. This notice must be marked “A” and must bear the signature of the resigning officer. Photocopies will not suffice; original signature is required.
    ii. a copy of the notice referred to at 3(b) above. This notice must be marked “B” and must bear the signature of the resigning officer. Photocopies will not suffice; original signature is required.
    (e) If the documentation supplied to the CRO is complete and correct, the resigning officer’s details will then be removed from the CRO records in relation to the company concerned.
    All forms (and associated filing fees) referred to in this publication are available at www.cro.ie.


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