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Thomas McJD
Thomas McJD, Attorney
Category: Business Law
Satisfied Customers: 6516
Experience:  Experienced in Corps, LLCs, Partnership, etc.
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What is the "effective" date, the mailing date or the date

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What is the "effective" date, the mailing date or the date of receipt, with respect to mailing a "certified" letter that contains one's written resignation from a firm?

Hello, I will be happy to assist you with your question. I am a real attorney and strive to provide the most professional service possible. However, I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question. After reviewing your answer, please let me know if you need clarification (or if I misunderstood and didn’t address your question).

With certain types of situations, such as someone having sent you an offer to enter into a contract by mail (or authorized your acceptance by mail), your acceptance of the offer will be deemed completed upon mailing, not actual receipt by the person that made the offer.

This is because that person either explicitly authorized acceptance by mail or impliedly authorized such acceptance by sending the offer by mail.

With most things, however, receipt is required.

In the case of sending a resignation, the resignation could not be effective until actually received by the firm. Thus, when they receive the certified letter, they will be deemed to be in receipt of the resignation and that would normally be its effective date.

As noted above, if you need clarification, please do let me know.

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So constructive acceptance exists only when it is explicitly authorized and NOT a given or basic business law established business practice?

No, that is not correct. Constructive acceptance, i.e. the mailbox rule, is a generally accepted and established practice, which I indicated in my answer. that method of acceptance is impliedly authorized where an offer is made by mail or there has been some other authorization to use mail for acceptance. But the rule applies in contract situations. A notice of resignation is not creating a contract.

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