Director Resignation Resolution for Malta

Director Resignation Resolution Template for Malta

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Director Resignation Resolution

"I need a Director Resignation Resolution for our Malta-registered fintech company, where our Technical Director is resigning effective March 1, 2025, and we need to ensure MFSA notification requirements are met as we're a licensed entity."

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What is a Director Resignation Resolution?

A Director Resignation Resolution is a formal corporate document required under Maltese law when a director steps down from their position on a company's board. This document is essential for maintaining proper corporate governance and ensuring compliance with the Maltese Companies Act (Chapter 386). It must be prepared when a director submits their resignation and needs to be filed with the Malta Business Registry within 14 days of the effective date. The resolution includes crucial details such as the identity of the resigning director, effective date of resignation, any handover arrangements, and confirmation of the board's acceptance. For regulated entities, additional notifications to the Malta Financial Services Authority may be required. The Director Resignation Resolution forms part of the company's statutory records and serves as evidence of proper corporate procedure in managing changes to the board's composition.

What sections should be included in a Director Resignation Resolution?

1. Company Details: Full legal name of the company, registration number, and registered office address

2. Date and Time: Date and time of the resolution

3. Meeting Details: Whether the resolution is passed at a board meeting or by written resolution

4. Attendance Record: List of directors present/participating in the resolution

5. Quorum Confirmation: Confirmation that the meeting is properly constituted with required quorum

6. Resignation Details: Details of the resigning director and effective date of resignation

7. Resolution Text: The formal resolution accepting the director's resignation

8. Filing Instructions: Instructions for filing the resolution with the Malta Business Registry

9. Certification: Signature section for company secretary or remaining directors to certify the resolution

What sections are optional to include in a Director Resignation Resolution?

1. Handover Provisions: Used when specific responsibilities need to be transferred to other directors

2. Consideration of Replacement: Include when immediate appointment of a replacement director is being considered

3. Regulatory Notifications: Required for regulated entities that must notify authorities like MFSA

4. Outstanding Matters: Include when there are ongoing projects or responsibilities that need to be addressed

5. Acknowledgment of Duties: Used when specific post-resignation obligations need to be recorded

What schedules should be included in a Director Resignation Resolution?

1. Resignation Letter: Copy of the formal resignation letter from the director

2. Form K: Malta Business Registry form for notification of director resignation

3. Director's Declaration: Any declarations made by the resigning director regarding company affairs

4. Handover Schedule: If applicable, detailed list of projects and responsibilities being transferred

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Financial Services

Manufacturing

Technology

Retail

Professional Services

Healthcare

Real Estate

Transportation

Energy

Telecommunications

Gaming

Insurance

Investment Services

Banking

Construction

Relevant Teams

Legal

Compliance

Corporate Secretariat

Board Administration

Regulatory Affairs

Corporate Governance

Risk Management

Administrative Support

Relevant Roles

Company Secretary

Legal Counsel

Corporate Lawyer

Compliance Officer

Board Director

Managing Director

Chief Executive Officer

Chief Legal Officer

Corporate Governance Officer

Risk Manager

Legal Administrator

Company Administrator

Regulatory Affairs Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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