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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35003
Experience:  16 yrs. of trial experience
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I need help with some wording for a resignation letter. I am

Customer Question

Hello,
I need help with some wording for a resignation letter. I am an office and director of a company and am looking to resign however I want to add a paragraph therein to cease my liability as responsible for the company's actions. A disclaimer of sorts. I cannot find anything specific online.
Is this something you may be able to assist with please?
Thanks, Wendy
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 year ago.

I want to make sure I understand...you want to send a letter and somehow bind the company based on your letter?

Customer: replied 1 year ago.
I have to draft my resignation letter, but I want to include a paragraph in there that states something along the lines of : with my resignation all liability I have assumed in a personal capacity on the company's behalf in the capacity of CFO and Director is ... dissolved, no longer enforceable.... where I am no longer personally liable...
Expert:  P. Simmons replied 1 year ago.

Thanks
And is it your impression that by including this language you can somehow bind the company?

Customer: replied 1 year ago.
Not sure if it is binding the company, but I will have then sign acknowledgement of receipt, as much as having something to present to authorities if they come knocking.
Expert:  P. Simmons replied 1 year ago.

Thanks
I have some thoughts and will type them up...a few mins please...

Customer: replied 1 year ago.
take your time. thanks
Expert:  P. Simmons replied 1 year ago.

Thank you for your patience

You can put language in the letter...and I can help with that if you like.

But, frankly speaking, your letter, in and of itself, will NOT bind the company. Period.

Now...I understand your concern...you you want to ensure that after you leave, if the company takes some action and they (the company) or someone else (perhaps a client of the company) can not hold you liable.

From a legal standpoint, you can only be held liable for your actions (or failure to act when you had an obligation). So you leave, and your replacement or the company takes some action that you are not part of?

Again, from a legal standpoint, you are not liable.

Now...if it is important to you to have this language in your letter? I am happy to help you with writing this. I will send an offer for additional services that would allow us to communicate via phone or email if you accept.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I have the letter already drafted. You cannot supply me with the paragraph's wording, even if it is not truly bindable in the purest legal context?
Expert:  P. Simmons replied 1 year ago.

I am happy to help you draft the letter...or review what you have. Easy. I do this regular.

I sent the offer to allow that.

Customer: replied 1 year ago.
I do not want that. I would just like you to finish my paragraph's wording that is all. I understand that it is not entirely correct or enforceable but I want to put it in. Is that small need a premium service item?
Expert:  P. Simmons replied 1 year ago.

Ma'am, I am happy to help with the letter...you use the term "small"...I get a small portion of the amount I listed and quote the amount based on the amount if time I expect this will take. I budgeted 1 hour for this (since I expect we may need to correspond back and forth a bit to get the language you want/need) and gave the quote accordingly.

Customer: replied 1 year ago.
Respectfully, ***** ***** did not request for you to opine on my need, merely complete my paragraph with the appropriate wording. I do not see the necessity to pay an extra $60 for that.
Expert:  P. Simmons replied 1 year ago.

No worries. I will opt out and allow other experts to assist you if they are so willing. Best of luck!

Customer: replied 1 year ago.
Very well.