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ISSUE WITH RESIGNATION OF A COMPANY

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asked on Feb 6, 2014 at 22:02
by   Nick Leong
I have a incident which my mother has registered as a director of an company (sdn bhd) with two other foreigner from MOROCCO and Last year my mother would like to make a resignation from the company and two other director has already orally agreed with the requisition.

Then secretary has provide a documentation to another two of the director to sign that agreeing my mother would resign from the companies. Unfortunately this process has been delayed for a long period until now we have no chances to contact the director from morocco again.

We are so frustrated and confusing what we have to do right now. Kindly Please advice what we should do now since secretary can't do any resignation process without the signature of the Moroccan director.
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3 Answers
answered on Feb 7, 2014 at 20:37
by   Justice for all
Hi,

Any body can resign from a company, even the Director. If they refused to accept the resignation, just resign anyway. Send out the resignation letter to the HR department and insist on a "Chop Received" from the them. Then make copy and send one copy to the Company's Secretary and Suruhanjaya Syarikat Malaysia (SSM). also make sure you receive chop-received copy. Keep the copies of all 'chopped-received" copies.

Then after a few weeks, check the Company's details like Form 49 and Form 24 with SSM. make sure that the resignation is reflected. If not, chase SSM again.
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answered on Feb 10, 2014 at 20:41
by   Nick Leong
Hi thanks for the reply,
but the problem is, no business were ran after all when the name has been registered, basically the organisation has nothing except 3 directors. since the company has no doesn't run any businesses every year we can't submit the statement of financial position to SSM and SSM penalty us for that. Please advice what should i do now.
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answered on Apr 18, 2014 at 21:08
by   alex8312
I have a client who had this problem and SSM whacked him with summons due to non compliance by the company (for the years since he was appointed director).

Despite lodging complain to SSM and proof of company secretary had acknowledged receiving his resignation as director, SSM replied that they are only the Registrar and would not get involved in a company dispute.

The only option is to take the other directors to court for non acting on his resignation letter.

SSM's position is, until they are notified (and that's through the lodgement of Form 49 with SSM), they don't recognise any changes to the board of directors.  And therefore, he would continue to be liable for offenses committed by the company.

In such cases, best go to court and hammer the company & other directors
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