Form 54 COM – Application to Remove Oneself as Director

Jurisdiction: Canada — British Columbia

What is a Form 54 COM – Application to Remove Oneself as Director?

Form 54 COM is an application you file with the provincial corporate registry to remove your name as a director of a British Columbia company when the company will not do it. It updates the public register to show that you resigned as a director on a specific date. You use it when you have already resigned, but the company has not filed the mandatory change of directors.

You do not use this form to resign. Your resignation happens when the company receives your written resignation or on a later date you name in that letter. The form exists to fix the public record if the company fails to file the change. It provides the Registrar with proof that you resigned and that your resignation took effect.

Who typically uses this form?

Outgoing directors who have delivered a resignation to the company. Founders who step down and no longer control filings. Independent directors who are not aligned with management. Corporate secretaries or law firm staff acting under a director’s authorization. Individuals who discover their name still appears as director after they left.

You would need this form if the company did not file the notice of change of directors within the required time. That filing is the company’s job. When management ignores requests, you can protect yourself by applying directly. The form allows the Registrar to correct the register without company cooperation.

Typical usage scenarios

• You resigned, and you have proof that the company received your resignation, but the public register still lists you as a director.
• You left a startup after a dispute. You can no longer access its online account to file changes.
• You are a non‑resident director. You want the public record to reflect your cessation to limit ongoing responsibilities.
• You never consented to act as director, but your name appears on the record. You use the application to remove your name, supported by evidence.
• The company is inactive, dissolved, or struck for non‑filing. You still need the register to reflect that you did not serve past a certain date.
• You stepped down months ago. Lenders and counterparties still contact you as “a director on record.” You need that to stop.

The form is a practical tool. It gives you a direct route to correct the register. It helps you avoid being held out as a director when you are not.

When Would You Use a Form 54 COM – Application to Remove Oneself as Director?

Use Form 54 COM after you have resigned and when the company does not or cannot file a notice of change of directors. It is not a first step. First, you resign in writing and deliver that resignation to the company’s records office or to a director or officer. If the company does not update the register within a short window, you apply.

Consider these situations. You left a growing company after a leadership change. New management will not reply or file the change. You have emails and a courier receipt showing delivery of your resignation. File Form 54 COM. Or you acted as interim director to help with financing. Your term ended when the round closed. The company missed the filing. You can apply with your resignation letter and dated board minutes confirming acceptance.

Sometimes you never agreed to serve at all. You discover your name listed without consent. You can use the form to correct the record. In that case, you show that you did not sign a consent to act and did not participate as director. You support the filing with a declaration that you never accepted the office. The Registrar may request more evidence. Be ready to provide any relevant emails or documents that support your position.

You may also use the form if the company is unresponsive or has no active records office. For example, a dissolved company still shows you as a director for the period after you left. You file to clarify your cessation date. This helps address inquiries from creditors or agencies. It can reduce confusion about your involvement.

If you were the sole director, you can still resign. Your resignation is effective when delivered. The company may be in default for not having a director, but you cannot be forced to remain. Use the form to ensure the register shows your cessation. This matters if others continue to trade using the company’s name.

Avoid this form if the company is cooperative. In that case, ask the company to file the standard change of directors. That is faster and cleaner. Also avoid it if you are using resignation as leverage in a dispute. This is a record‑correction tool, not a negotiation tactic. If you still hold office, do not file Form 54 COM. Resign first, deliver notice, and then apply if necessary.

Legal Characteristics of the Form 54 COM – Application to Remove Oneself as Director

This application supports an administrative update of the public corporate register. It is not what makes your resignation effective. Your resignation takes effect when the company receives your written notice or on a later effective date you state. The form’s legal function is to give the Registrar the facts and evidence needed to amend the record without a company‑filed notice.

Is it legally binding?

The decision to update the record is an official act. Once the Registrar accepts your application, the register reflects your cessation date. Third parties rely on that record. The change affects how your status is viewed for statutory obligations that apply only to current directors. This includes certain liabilities that attach to directors while they hold office. Recording the correct cessation date helps confine any potential exposure.

What ensures enforceability?

Your sworn or declared statements and the supporting documents. The form typically includes a declaration that you resigned and delivered notice. You attach proof, such as a signed resignation letter and delivery confirmation. The Registrar reviews your materials for completeness and credibility. If satisfied, the Registrar updates the register. If not, the Registrar may request more information or refuse the filing with reasons.

General legal considerations

• Timing matters. The effective date is the date your resignation was received by the company or a later date you named. You cannot set a resignation date earlier than delivery.
• Evidence matters. Keep copies of your resignation, delivery proof, and any board or shareholder records that acknowledge your resignation.
• Scope matters. The form affects the public corporate register. It does not release you from obligations that arose while you were a director. It does not end employment, consulting, or officer roles. Address those separately.
• Accuracy matters. Misstatements can lead to rejection or later correction. They can also carry legal consequences. Be precise and truthful.
• Limits matter. The Registrar will not resolve internal corporate disputes through this process. If there is a contested question about whether you resigned, you may need a court order. The Registrar may hold the filing pending resolution.
• Privacy matters. Your name and cessation date will appear on the public profile. Your residential address may be required for identification in the application, but it is not added to the public record by this form.

The result of a successful filing is a corrected register. The effect is practical and immediate. Counterparties will see that you are no longer a director as of the recorded date.

How to Fill Out a Form 54 COM – Application to Remove Oneself as Director

Follow these steps. Read each step before you begin. Gather your documents in advance.

1) Confirm this is the right form

• Use Form 54 COM only for British Columbia companies and extraprovincial companies registered in British Columbia.
• Use it only if you have already resigned and delivered your resignation to the company.
• If the company is willing to file the change of directors, ask them to do so instead. That path is quicker.
• If you are dealing with a society, cooperative, or partnership, use the correct registry process for that entity type.

2) Gather required information and documents

• Company legal name exactly as on the register.
• Incorporation or registration number.
• Registered and records office addresses.
• Your full legal name as it appears on the register.
• Your contact details for correspondence about the application.
• Your date of appointment as director (if known).
• Your resignation letter, signed and dated.
• Proof of delivery of the resignation to the records office or a director/officer. Examples: courier receipt, registered mail tracking, signed acknowledgment, or email with confirmation of receipt.
• Any board minutes or resolutions noting your resignation (if available).
• A government‑issued photo ID for identity verification when making a declaration.

3) Complete the Applicant section (you)

• Enter your full legal name. Use the same spelling used on the company’s register.
• Provide your mailing address and email. The Registrar will use this to contact you.
• If asked, provide your relationship to the company: “former director.”
• Confirm that you are the person seeking removal of your director status from the register.

4) Complete the Company section

• Enter the exact corporate name and incorporation or registration number.
• Indicate the company type (BC company, unlimited liability company, community contribution company, or extraprovincial company).
• Provide the records office address currently on file, if known. This helps the Registrar match the record.
• If the company has changed names, include the current name and, if requested, the former name during your tenure.

5) Complete the Director details section

• Enter your name exactly as listed on the register.
• Provide your date of appointment, if known. If unknown, state “unknown” or leave blank if allowed. Do not guess.
• State the date you ceased as director. This is the effective date of your resignation. It is the date the company received your resignation, or a later effective date in your letter.
• State the reason for cessation as “resignation.” If you never consented or were listed in error, state “no consent to act” and explain in the declaration.

6) Draft and attach your supporting documents

• Resignation letter: It should include your name, the company’s full name, your resignation as director, and the effective date. If you already delivered it, attach a copy of the signed letter.
• Delivery proof: Attach a copy of the courier receipt, registered mail tracking, email thread with time stamp and receipt confirmation, or a signed acknowledgment from the company. If you delivered by hand, attach a signed receipt from the records office or a witness declaration.
• Optional support: If the board accepted your resignation in minutes, attach the relevant extract. If there is a shareholder resolution accepting your resignation, attach it.

7) Complete the declaration or affidavit section

• The form usually requires a statutory declaration or sworn statement. You confirm that the facts in the application are true. You confirm the resignation and delivery details.
• Do not sign this section until you are in front of an authorized witness. Acceptable witnesses include a lawyer, notary public, or commissioner for taking affidavits.
• Bring government ID. Sign the declaration as instructed. The witness will complete their portion and stamp or note their capacity.
• Ensure dates match your attachments. Inconsistencies cause delays or refusals.

8) Review the form for accuracy and completeness

• Confirm names and numbers match the register.
• Check the cessation date. It cannot be earlier than the date the company received your resignation.
• Ensure every attachment is legible. Combine multipage documents in order. Label them clearly (e.g., Schedule A: Resignation Letter; Schedule B: Proof of Delivery).
• If you changed your name, include proof of name change. This helps the Registrar match records.

9) Prepare schedules and exhibits

• Use the schedules section to list each attachment. Number them in the order you refer to them in your declaration.
• Each schedule should have a clear title and date. Example: “Schedule A — Resignation Letter dated March 1, 2025.”
• Cross‑reference the schedules in your declaration. Example: “A true copy of my resignation letter is attached as Schedule A.”

10) Signatures and execution

• Sign the Applicant signature line. Use blue or black ink if filing on paper. If filing electronically, follow the e‑signature instructions.
• The authorized witness signs the declaration. They must state their name, role, and location.
• If the form includes a certification by the Registrar’s office, leave that section blank. Registry staff will complete it.

11) Pay the filing fee

• Confirm the current fee before you file. Fees may change. Prepare payment by the accepted method for your filing channel.
• If filing online, you pay at submission. If filing by mail or in person, include payment as instructed on the form.

12) File the application

• You can file online or by mail. Online filing is usually faster.
• If filing online, upload clean scans of the signed form and all schedules. Use common file formats. Avoid password‑protected files.
• If filing by mail, send the original signed form and copies of your schedules. Keep a complete copy for your records. Use a trackable delivery method.

After you file

• Watch for an acknowledgment or deficiency notice. Respond quickly if the Registrar requests more information.
• Processing times vary. Plan for follow‑up. Do not assume immediate update.
• Once accepted, check the public company profile to confirm your cessation date. Keep a copy of the updated profile.
• Notify banks, insurers, and key counterparties that the register now reflects your cessation. Ask them to remove your director signing authority, if not already done.

Special situations

• Never consented to act: State this clearly. Attach evidence that you did not sign a consent and did not act as director. Include a declaration that you did not participate in board decisions.
• Sole director: You may still resign. The company may be in breach for having no directors, but your resignation is valid if delivered. Attach strong proof of delivery to the records office.
• Company unlocatable: Send your resignation to the last records office on the register. Use a trackable method. Include that proof in your application.
• Company dissolved or struck: You can still seek to correct the record of your service period. The Registrar may limit updates, but provide your evidence.
• Name mismatch: If your name on the register differs due to a name change, include proof of the change. Explain the discrepancy in your declaration.
• Extraprovincial companies: If you served as a director of an extraprovincial company registered in BC, you can use this form for the BC registration record. Note that the home jurisdiction record is separate.

Common mistakes to avoid

• Using the wrong date. The cessation date must match the effective date of your resignation and delivery.
• Missing proof of delivery. The Registrar needs evidence that the company received your resignation.
• Incomplete schedules. Label and include every document you reference.
• Signing the declaration without a proper witness. That will result in rejection.
• Illegible scans. Ensure every page is clear and complete.
• Assuming this form ends all roles. It updates director status only. End officer roles and bank mandates separately.
• Waiting too long to act. The longer the record is wrong, the more confusion and risk you face.

Practical tips

• Send your resignation to the records office by courier or registered mail. Keep the tracking result that shows delivery date.
• If you resign by email, request and keep a clear acknowledgment of receipt. A read receipt is helpful but not enough by itself. Follow up to obtain an explicit confirmation.
• Keep your own file. Include the resignation, proof of delivery, the filed form, and the Registrar’s confirmation. Save a PDF of the updated profile.
• Use consistent naming. Match the company’s legal name and your name as on the register.

What this form achieves is simple and important. It aligns the public record with reality. It shows that you no longer serve as a director as of a specific date. That clarity protects you and helps others rely on accurate information.

Legal Terms You Might Encounter

• Director means the person who helps manage the company. On this form, you state you are that director and want to step down. You confirm your identity so the filing office can update the record.
• Resignation is your act of stepping down. Removal is when others vote you out. This form deals with your own choice to stop acting as director.
• Effective date is when your resignation takes effect. Use a clear date. Match it to your resignation notice and any board records.
• Registered office is the official address on file for the company. You use it to send notices and serve documents. This form will usually ask for that address.
• Corporate registry is the government office that records directors. Your goal is to have the registry reflect that you are no longer a director. The form guides the registry to make that change.
• Service means delivering documents to the right person or office. You often must serve the company at its registered office. You may also need to serve any other parties named on the form.
• Affidavit or supporting statement is sworn evidence. It confirms facts such as your appointment date, resignation date, and service details. Attach it if the form or process requires evidence.
• Court order is a formal direction from a judge. You might need it if the company refuses to update the records. The form can be part of asking for that order.
• Relief sought describes what you want the filing office or court to do. Here, you ask to be removed as a director and have records updated. Phrase it clearly and simply.
• Exhibits are documents attached to your affidavit. They can include your resignation letter, delivery proof, and company searches. Label them clearly and refer to them in your evidence.

FAQs

Do you need board approval to remove yourself as a director?

No. Your resignation is your decision. You must give clear written notice. You then use this form to have records updated. Keep proof that you delivered your notice.

Do you need to give a notice period before resigning?

Check your company’s articles or any contract you signed. They may set a notice period. If there is no set period, resign on a clear effective date. Use this form to align the records with that date.

Do you still have liability after you resign?

You stop taking on new director duties after your effective date. You can still face issues for actions while you served. Use this form to reduce risk from being listed as a current director.

Do you need to serve the company with this application?

Yes, in most cases you do. Serve the registered office, not a casual address. Keep delivery proof, such as a courier receipt or affidavit of service.

Can you resign if you are the only director?

You can resign, but plan the transition. The company may need a new director to operate. Use this form to update the registry. Document how you notified the company and any owners.

What if the company will not file the change of directors?

File this form yourself, if permitted. If the registry or process requires a court order, seek one. Your affidavit and exhibits show you resigned and gave notice.

How long does it take to reflect the change?

It depends on the filing office and whether a hearing is needed. Simple filings can be quick. Court steps take longer. Track timelines and follow up until the record updates.

Can you withdraw your application after filing?

Yes, if no order has issued. Ask the filing office how to withdraw or amend. If a hearing is scheduled, notify all parties. File any required notice of withdrawal.

Checklist: Before, During, and After the Form 54 COM – Application to Remove Oneself as Director

Before signing

• Your full legal name and contact details.
• Company’s exact legal name and incorporation number.
• Registered office and records office addresses on file.
• Your appointment date as director.
• Your resignation letter with a clear effective date.
• Proof you delivered your resignation to the company.
• Any company resolutions or minutes acknowledging your resignation.
• Recent company search showing current directors and offices.
• Details of any prior filings related to your resignation.
• Any required filing or court fees and accepted payment methods.
• Names and addresses of any other parties to serve.
• A draft affidavit with attached exhibits, if required.
• A proposed order, if a judge must sign one.
• Identification needed for filing or commissioning an affidavit.
• A plan to serve and track delivery.

During signing

• Confirm the company name matches the company search.
• Confirm your name matches your identification.
• Verify your appointment and resignation dates.
• Confirm the effective date stated on the form and in your letter.
• Check the registered office address against the company search.
• Describe the relief you want in clear, simple terms.
• Cross-check all exhibit labels in your affidavit.
• Ensure page numbers, dates, and initials appear where needed.
• Confirm your signature is in the correct space and capacity.
• If swearing an affidavit, sign before an authorized person.
• Add contact details for service and communications.
• Confirm any required consents or signatures are present.

After signing

• File the form with the correct office and pay the fee.
• Serve the filed materials on the company’s registered office.
• Serve any other required parties, as applicable.
• Prepare and file an affidavit of service if needed.
• Calendar any response and hearing dates.
• Monitor for registry updates or court directions.
• If an order issues, file it with the registry promptly.
• Verify that the director listing shows you as ceased.
• Save stamped copies, proofs of service, and receipts.
• Notify banks, insurers, and advisors that you resigned.
• Update your professional profiles and compliance records.
• Store all records securely for at least several years.

Common Mistakes to Avoid

• Don’t forget the effective date. If dates do not match across documents, the filing office may reject your form. Mismatched dates also create disputes about your liability period.
• Don’t skip service at the registered office. Serving the wrong address can derail your application. It can also delay any hearing and add costs.
• Don’t omit proof you resigned. A bare statement is weak evidence. Attach your resignation letter and delivery proof to support your request.
• Don’t use the wrong company name or number. A name error can misdirect the filing to another entity. Always confirm with a fresh company search.
• Don’t ignore missing exhibits or unsigned pages. Incomplete filings stall processing. Double-check signatures, initials, and exhibit stamps before filing.

What to Do After Filling Out the Form

1. File the form with the proper office. Pay the required fees. Ask for a filed copy or receipt. Note any file or reference number.
2. Serve the filed materials on the company’s registered office. Use a reliable method that gives proof of delivery. If others must receive copies, serve them the same way.
3. Record service details in writing. Include date, time, method, and recipient. Keep courier slips or delivery confirmations. If required, swear and file an affidavit of service.
4. If the process requires a hearing, calendar it. Confirm any deadlines for responses. Prepare your affidavit and exhibits in a clean, tabbed package. Bring proof of service.
5. If the filing office updates the record without a hearing, verify the change. Pull a fresh company search. Confirm your cessation date appears correctly.
6. If a court order is required, obtain it and file it with the registry. Ask for a stamped copy. Provide the order to the company and any stakeholders who need it.
7. If something is wrong, correct it quickly. For a typo, file an amended form. For missing evidence, file a supplemental affidavit. Serve any amended materials again.
8. Notify stakeholders who rely on your role. Tell banks, insurers, payroll providers, and advisors that you resigned. Provide the filed form or order if they request proof.
9. Update personal and professional records. Remove references to your director role from public profiles. Confirm you no longer have signing authority.
10. Store your records securely. Keep your resignation letter, proof of delivery, filed form, order, service proofs, and company searches. Keep them organized by date.
11. Set a follow-up reminder. Check the registry again after a short period. Confirm the listing still shows you as ceased. Save a copy for your files.
12. If the company still lists you as a director, escalate. Ask the filing office about next steps. Consider whether further applications or directions are needed.
13. If you discover you used an outdated form, replace it. Complete the current version and refile. Clearly mark the new filing as a replacement. Serve it again if required.
14. If you need to change your effective date, act fast. File an amendment and explain the reason. Align all documents to the new date. Serve updated materials.
15. If you are also an officer, address that role separately. Prepare a separate resignation notice if needed. Confirm the registry or internal records reflect it.
16. If you hold company property, return it. Hand back keys, devices, and documents. Confirm return in writing. Keep a copy of the confirmation.
17. If you had indemnity or insurance, review the terms. Confirm any ongoing rights or notice requirements. Keep policy details in your records.
18. If your resignation triggers other steps, document them. This can include shareholder notices or meeting requirements. Keep proof that you completed those steps.
19. If you receive opposition, stay organized. Keep all correspondence. Meet deadlines. Focus on the relief you seek and the evidence that supports it.
20. If you settle, document the terms. Confirm how the registry will be updated. File any required consent or order. Verify the change appears on the public record.
21. If you move, update your contact details with the filing office. You may need to receive communications about the file. Keep your contact information current until the matter closes.
22. If the company changes its registered office mid-process, check it. Serve at the new registered office if required. File an updated affidavit of service.
23. If you filed electronically, download all confirmations. Save the payment receipt and submission ID. Back up files in two secure locations.
24. If you filed in person or by mail, track delivery. Use a method with tracking. Ask for a stamped copy by return.
25. If you need help with formatting or process, ask the clerk. They can explain filing steps and form requirements. They cannot give legal advice.
26. If you discover new evidence, add it properly. Use a supplemental affidavit. Serve it. Avoid surprise documents at a hearing.
27. If the registry shows an incorrect cessation date, correct it. Provide your resignation letter and delivery proof. Ask for the record to be fixed.
28. If you also resigned from related entities, separate the filings. Each entity needs its own form. Prevent mix-ups by labeling each package clearly.
29. If you are concerned about personal information, limit it. Provide only what the form requires. Redact where permitted. Store your copies securely.
30. If your role involved regulated activities, notify the regulator. Confirm you no longer act as a director. Provide the filed form or order on request.
31. If you must travel around filing dates, plan ahead. Give someone instructions to accept service or handle follow-up. Keep your phone and email accessible.
32. If the matter closes, archive everything. Keep a final registry extract, the form, the order, and service proofs. Note the date the registry updated your status.