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Hi - I wish to resign from a limited company as my codirector is a (likely) alcoholic. How should I go about this to ensure that I leave as expeditiously as possible without being irresponsible?
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Hi I'm here.
To resign you just sent a letter saying that you resign and then ask the remaining director to lodge Form TM01 at companies house. It's really easy to do.
Can that be with immediate effect and what if any liabilities etc that might accrue to me. Also the company delivers at-home care - is my resignation likely to put those individuals at risk? The other director is responsible for the delivery of care (even if he may have alcohol issues).
What if he doesn't lodge the TM01 form?
There is no liability for resigning your office as director.
If you have a contract with the company you might be in breach of that potentially by resigning immediately, although in reality, few employers ever pursue anybody for such a breach as there is often no financial loss that arises as a result.
If he doesn't lodge TM01, then you've still resigned, he can't alter that fact!
I am concerned that the company will collapse almost immediately without my input - if I resign with immediate effect am I jeopardising any duty of care that I may have to the vulnerable adults who use our services even though it is the other director who is responsible for the delivery of care?
I don't see how you would ... I assume it's the company that owes duties towards the service users/the other director.
You, as director, owe duties only to the company.
Not it's customer/service user base.
Plus if you have concerns about adult safety etc. then you can always report that to, I assume, the CQC and let them investigate and discharge your (moral) duties in that respect.
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