Can a verbal expression of resignation from a non-profit executive board be used to accept the resignation by the Board of Directors.

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Can a verbal expression of resignation from a non-profit executive board be used to accept the resignation by the Board of Directors.

Does the fact that the resignation was offered in a heated debate make any difference to the result? What if the person offering the resignation states later that he has not tendered a resignation. Does he have a right to remain on the executive board until he offers a written resignation?

Asked on July 19, 2011 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a contract of employment or other agreement (e.g. in a letter appointment the person to the board, or offerin a seat on the board), which states that a resignation must be tendered in a specific way (e.g. in writing, sent to a particular person or address) or that there is some "rescission," "cooling off," or "grace" period (however described) during which the resignation may be revoked, then such term or condition could be enforced, and the resignation would be either void or revocable. However, in the absence of such a term in an agreement or contract, then an oral resignation would be effective when given and could not be revoked.


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