Can our board accept the verbal resignation of an officer to be effective immediately?

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Can our board accept the verbal resignation of an officer to be effective immediately?

I am an officer of the Board of Directors for a non-profit youth sports league. One of our directors informed us recently that he will be resigning at the end of his term in May. We have concerns about him staying on until then. Can we accept his resignation effective immediately? If so, how do we go about it? In our by-laws, under Specific Power of Directors, it states that the directors can appoint or remove, at pleasure, all officers, agents, and employees of the corporation.

Asked on February 17, 2016 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless there is something in writing setting forth a resignation notice period, you may treat it as effective once given (there is no inherent right to have an extended notice period once one states that one will be resigning); and furthermore, according to what you write, as a body, your directors can remove all officers, agents, and employers at their pleasure, which should also cover this situation (again, unless there is something more specific in the by-laws, etc. covering how Directors are appointed or removed--if there is, follow the more specific rules). The above said, bear in mind that if this would be an emotional situation, if the resigning director takes immediate removal badly, the situation could be toxic and lead to a public fight which would be bad for the organization--it may be best to phase him out of active decision making or participation while letting him save face until May.


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