Also known as:resigns · resigned · resigning · resignation · resignations · abdicate · quit office
Written by attorneys · grounded in primary & secondary sources — see below
The voluntary relinquishment of an office, position, or authority by the holder. Notice requirements and delayed effectiveness depend on the governing instrument or statute, and resignation does not automatically extinguish related duties or contract rights until property is delivered or other conditions are met.
Sources & Authorities
How it applies
Common Examples
6
Presidential Resignation Ends Term
President Ralph Richardson announced his resignation effective immediately. The Vice President assumed the office under the constitutional succession rules. Richardson's term concluded upon delivery of the resignation to the designated recipient.
Agent Resignation Terminates Power
Renata Russo, acting as agent under a power of attorney for Redwood Bank, delivered written notice of resignation. No successor agent was named in the document. The power terminated upon the resignation because the instrument lacked a replacement provision.
Trustee Resignation Continues Duties
Regina Robinson resigned as trustee of the family trust. No cotrustee remained and the court issued no order. Robinson retained trustee duties and powers to protect the assets until delivery to a successor.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Casebooks
Hornbooks
Course Outlines
Resigned Trustee Must Deliver Property
Raphael Rivera resigned as trustee. He retained possession of trust assets for two weeks after resignation. Rivera was required to deliver the property expeditiously to the successor trustee named in the instrument.
Director Public Post Fails Delivery
Rosalind Reed posted a social media announcement resigning from the board of Royal Crest Hotels. The post reached several executives but was never sent to the secretary or chair. Reed remained a director because the notice was not delivered to a designated recipient.
Partner Resignation Preserves Apparent Authority
Riley Rivera resigned as general partner of Riverside Healthcare LP. One week later Rivera signed a contract using old credentials. The partnership remained bound because the counterparty lacked notice of the resignation and the act matched prior authority.
Common questions
Frequently Asked
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What notice is required for a director's resignation to become effective?+
A director may resign at any time by delivering written notice to the board, its chair, or the secretary. Effectiveness occurs upon delivery unless the notice specifies a delayed date that the board accepts. A public social media post does not satisfy the delivery requirement even if company personnel see it.
Supporting sources
Does a trustee's resignation end all duties immediately?+
No. Until trust property is delivered to a successor or cotrustee, the resigning trustee retains the duties of a trustee and the powers needed to protect the assets. The trustee must proceed expeditiously to deliver the property.
Supporting sources
When does an agent's resignation terminate a power of attorney?+
The agent's authority ends upon resignation if the power of attorney does not name a successor agent. The principal's revocation or the agent's death or incapacity produces the same result under the statute.
Supporting sources
Can a dissociated partner still bind the partnership after resignation?+
Yes, for up to two years if the act would have bound the partnership before dissociation, the third party lacks notice of the resignation, and the third party reasonably believes the partner remains authorized.
Supporting sources
418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789 (1974)Torts
…participation in a University of Mississippi campus riot. Because Butts was paid by a private alumni association and Walker had resigned from the Army, neither could be classified as a "public official" under New York Times . Although Mr. Justice Harlan announced the result in both cases, a majority of the Court agreed with…