The Form TM01 was introduced under section 167 of the Companies Act 2006 and has been in effect since 1st October 2009. It attends to the resignation of a company director who may be either an individual or corporate entity.
Replacing the Form 288b, the Form TM01 differs in the respect that it applies solely to situations where one or more directors resign from a company. Its predecessor Form 288b was relevant to both directors and secretaries and it was simply a case of indicating which position was being vacated at the time of completing and submitted the document.
The current means of resigning a company secretary is the Form TM02.
The effective time and date from which the resignation takes place is midnight on the date entered on the Form TM01. Thus a sole director can essentially resign themselves because at the time of signing then were still the director.
In the above situation, a corresponding appointment for a director would have to take place in order to avoid the company being struck off due to its non compliance with the requirement that UK companies must have at least one person acting as director at all times.
Sections of Form TM01
The Form TM01 consists of four distinct sections, all of which must be completed in order to it to be accepted at Companies House and properly entered on the company’s records.
Company Details: Here the full official company name and registration number is entered. Like most sections of the TM01 Form, the information which is required to be entered can be typed in via a computer provide Adobe Acrobat or some alternative PDF reader has been installed.
Director’s Current Details: The Director’s date of birth (in DD/MM/YYYY format) and full name are provided in this section. Where the Form TM01 is being utilised to resign a corporate director, its company name is entered in the surname field.
Termination Date: This is the date (in DD/MM/YYYY format) from which the resignation is to become effective. The TM01 Form can be used to inform Companies House of vacated positions which have already taken place as well as those which are due to occur in the future.
The termination date entered need not be the date the form is actually being completed.
Signature: The signature of a company official is required to validate the document. This can be the director who is resigning on the TM01 form, a remaining officer or a relevant person responsible to any liquidation proceedings which might be taking place.
Optional Information: Details of a correspondence address can be stipulated on the second page of the Form TM01 should any correspondence relating to the document need to be delivered to an alternative address which is not the company’s registered office.
Information on where to post the completed form are also given and covers UK companies registered in England and Wales, Scotland or Northern Ireland.
Download Form TM01 here
Form TM01 requires a PDF reader such as the one downloadable free from Adobe.
