Legal Question in Business Law in California

Corporation?

Dear sirs was wondering if one wanted to leave a corporation and one was an office(VP), what does one have to do?


Asked on 9/12/08, 3:15 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Corporation?

Corporate officers always have the power to resign (Corporations Code section 312(b)) by giving notice to the corporation. As a practical matter, written notice should be given to the president and/or secretary, or if the person holding those positions is resigning, to any of the remaining officers, or if none, to a director. The power to resign does not always equate to the right to resign, as 312(b) points out; if, as occasionally happens, the resignation also breaches a contract, the other party can sue for and recover the damages caused by the breach, if any.

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Answered on 9/14/08, 6:22 pm

Re: Corporation?

Submit a letter of resignation to the President/CEO. That will remove you as VP. If you also have stock or have guaranteed any corporate debt or have other ties, you probably should consult an attorney for assistance with severing those other ties.

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Answered on 9/12/08, 3:37 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Corporation?

Resign in accordance with the provisions of the bylaws. If you are also a director or shareholder, or both, then you can resign as director, same method, but shedding yourself of the stock is a bit more involved.

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Answered on 9/12/08, 6:54 pm


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