Is Resignation Final?

[Guest James]

Director "A" on our small, 3-member board has resigned and bylaws authorize the board to fill any vacancy until next election. But Director B wants A back, thinks he can convince A to "return" to the board and the resignation can be withdrawn since B never accepted A's resignation.  Director C does NOT want A back, says it's too late, Director A resigned in writing and that is final, so Director A must be nominated and voted upon by the now 2-member board.  Who is correct, B or C?

[Atul Kapur]

What do your bylaws say about resignation? If they are silent, RONR says it's not final until it is accepted, and can be withdrawn before then.

[Richard Brown]

7 hours ago, Guest James said:

But Director B wants A back, thinks he can convince A to "return" to the board and the resignation can be withdrawn since B never accepted A's resignation. 

 

7 hours ago, Atul Kapur said:

What do your bylaws say about resignation? If they are silent, RONR says it's not final until it is accepted, and can be withdrawn before then.

Agreeing with Dr. Kapur, the question is whether the board accepted the resignation, not whether member B accepted it. (Assuming that the board is authorized to accept  resignations. That may or may not be the case, depending upon your bylaws. A resignation might have to be accepted by your membership)

Edited September 9, 2020 at 01:43 PM by Richard Brown
Typographical correction