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When you're ready to walk away from a corporation as an employee, you don't usually have any obligation beyond the moral one of handing in a letter of resignation and giving your employer two weeks' notice. As a registered agent of the corporation, however, you might have legal obligations to consider. In a column for Entrepreneur, Nina Kaufman suggests that you write a formal letter of resignation and have it sent by certified mail to the other leaders of the corporation so there's a record of the date you gave notice. Next, consult your state's secretary of state or similar department to find out if there are other legal obligations.
The laws governing corporations typically dictate the process for formally resigning as a registered agent of the corporation. Registered agents are the people who fulfill the legal obligations of the corporation. The process might include filing a certificate of resignation, which will be reviewed by the secretary of state and approved. Certain time restrictions might apply. In Delaware, for example, you have to give the corporation 30 days' notice before you can file your certificate of resignation. The state will then send a notice to the corporation to confirm the change, and ask the corporation to name a new registered agent. While resigning will absolve you of further legal or financial responsibility, you may still be responsible for legal or financial issues that occurred while you were still part of the corporation.
Another thing to consider when you resign from a corporation is whether you have an employment contract. If you do, read it over to find out the consequences of resigning. In some cases, resigning might involve adhering to non-compete clauses or even paying a fine for breaking the contract.
- Entrepreneur: How Do I Legally Resign from a Corporation?
- My Corporation: What is a Registered Agent?
- FindLaw: DEL CODE § 136 : Delaware Code - Section 136
- Justia US Law: 2012 New York Consolidated Laws BSC - Business Corporation Article 3 - (301 - 308)
- California Labor and Employment Law: Can My Employer Break My Employment Contract? Can I?
- Dave & Les Jacobs/Blend Images/Getty Images