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I may be able to assist you with language information for resignation letters from the spouse as to her roles and participation in both the corporation and pension plan. I may also be able to assist you with information regarding formal filing of the corporate changes with the state.
In order to respond to your questions would you please provide me with
(1) the state in which the corporation is located, and
(2) the type of corporation, whether an LLC or C or S Corporation?
The following information may help you address both the resignation language you seek as well as filing the changes with California.
As to the resignation language you seek, my experience with a Fortune 100 company in corporate governance has been that simply stated and specific resignation language is appropriate and best. Typically there is no need to state the specific reasons or purpose for the resignation.
Although there are many resignation letter templates available online through a web search, many are longer than they need to be. Typically that resignation letter, to the C Corporation directed at its address and to the Board Chair, CEO, President or other managing Officer would indicate language similar to the following:
As to the C Corporation:
"I, (name of former spouse), resign effective (date) from any board or officer positions I hold with the (C Corporation name), any affiliate, subsidiary or parent company." (there may be no need to name specific positions out of concern for missing any specific relationships)As to the Pension Plan:
"I, (name of former spouse), resign effective (date) as a trustee of the (C Corporation name's) Pension Plan, further designated as (name) Pension Plan. Effective as of (date) I am terminating all of my activities and investments related to the Pension Plan and that any related transfer of any of my personal funds will be accomplished with all due haste and as soon as is reasonable and practicable."
Although you indicate that your former spouse's attorney will submit the resignation letters for her signature and will review them on her behalf, in the event you would also like local California counsel to review the specific language in terms of the divorce agreement/decree and California law, the local bar association lawyer referral service can help you identify local lawyers you can interview as to their experience and fees in similar situations.
Following is a link to a California Secretary of State form to amend provisions in the Articles of Incorporation of the C Corporation:
I am also providing you with a link to all of the forms available through the California Secretary of State in the event you need others:
I hope this information is helpful and responsive to your questions. If you would like further clarification please let me know. Best wishes.
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