Form 2-21 – Application to Resign

Jurisdiction: Country: Canada | Province or State: Alberta

What is a Form 2-21 – Application to Resign?

Form 2-21 is the official application you use to resign your membership as a lawyer in Alberta. You submit it to the provincial legal regulator to end your status on the roll. You use it when you plan to permanently leave practice in Alberta. It is not the same as switching to inactive or non-practising status. It ends your membership, subject to approval.

You generally file this form if you intend to stop practising law in Alberta for good. You may be retiring. You may be changing careers. You may be moving away and not planning to return to Alberta practice. You might also be winding down a firm and closing your trust accounts. Whatever the reason, you use the form to ask the regulator to approve your resignation.

Who typically uses this form?

Any active Alberta lawyer who intends to permanently stop practising in the province. Sole practitioners use it when they close their practice. Partners or associates use it when they leave the profession. In-house counsel use it if they will no longer need or hold an Alberta practising status. Government or legal aid lawyers use it when they retire or move to non-legal roles. Foreign legal consultants and restricted members may also use it if they are ending their Alberta authority.

Why would you need this form?

Resignation protects the public record. It tells the regulator you are no longer practising. It helps close out trust accounts and client files safely. It sets a clear effective date for ending your obligations as a practising member. It also triggers changes to insurance and fee obligations. If you are not returning to practice, resignation avoids ongoing licensing requirements.

Typical usage scenarios

• You are retiring and want to wind up your files and trust accounts.
• You are moving to another country and will not seek Alberta authority again.
• You are changing to a non-legal career and will not maintain an inactive membership.
• Your health requires a permanent withdrawal from practice.
• Your firm is dissolving and you will not join another Alberta practice.
• You hold no client property and want a clean end date.

In each case, Form 2-21 starts the formal process.

Keep in mind, resignation is a serious step. If you later wish to return, you will likely need to apply for reinstatement. That process can be rigorous. If you think you might return, consider whether inactive or non-practising status is better. Resignation is for when you are certain you are done practising in Alberta.

When Would You Use a Form 2-21 – Application to Resign?

Use this form when you intend to end your Alberta membership, not just pause it. For example, you are a sole practitioner who has sold your practice. You have transferred all client files. Your trust account holds no funds. You plan to retire permanently. You would file Form 2-21 to formalize your resignation.

Another example. You are a partner who has accepted an executive role outside the legal field. You will not need to hold yourself out as a lawyer. You will not provide legal services. You want to end your regulatory obligations. You would file the form after you clear your undertakings and file transfers.

In-house counsel may also use Form 2-21. Assume you will take a global role that involves no legal work. You do not intend to maintain any Alberta authority. You should confirm you have no client property or undertakings. Then you can submit the form.

If you move to another jurisdiction and plan to practise there only, resignation may make sense. You may prefer to resign rather than keep an inactive Alberta status. You should first confirm there are no open Alberta matters, trust balances, or undertakings.

Lawyers subject to conditions may still apply, but timing matters. If you are under investigation or have a discipline matter, resignation may be restricted. The regulator may refuse your application or impose terms. In some cases, the regulator accepts a resignation but keeps jurisdiction over past conduct. You should disclose any ongoing complaints or investigations. You also should expect scrutiny around client protection.

If you are winding down a firm, build the resignation into your closure plan. Finish your final trust reconciliation. Transfer remaining trust funds as directed by clients. Satisfy all undertakings. Notify clients of your departure. File withdrawals of record where needed. Identify a custodian for your files. After you complete these steps, file the form.

If you are on leave or taking a career break, resignation is not the right tool. Consider changing to inactive or another permitted status. Use Form 2-21 only when you will not return and need to end your membership.

Legal Characteristics of the Form 2-21 – Application to Resign

Form 2-21 is a formal application to the provincial legal regulator. It is not self-executing. It becomes effective only when the regulator approves it. Until approval, you remain a member and must meet your obligations. After approval, your name is marked as resigned on the public register. You must not hold yourself out as entitled to practise.

The form is legally significant for several reasons. First, it sets your proposed effective date, subject to approval. This date is important for insurance, fees, and liability. Second, your declarations on the form carry weight. You confirm facts about trust accounts, client property, undertakings, and investigations. False or incomplete statements can lead to serious consequences. Third, the form may include undertakings by you. Those undertakings are enforceable through the regulator’s processes.

What ensures enforceability?

The regulator’s authority under provincial law. Your professional obligations to protect clients and the public. Your sworn or affirmed declarations on the form. The regulator can impose conditions on your resignation. It can refuse the application if you have not met key requirements. It can require a custodian for your practice. It can require additional audits or reports. These tools protect clients, courts, and the public.

General legal considerations include these. You may need to maintain practice records for a set period. This includes accounting records and client files. You must protect privilege and confidentiality during and after closure. You must satisfy all undertakings or arrange enforceable replacements. You must close trust accounts and clear any shortages. A final trust examination may be required. You must return client property and original documents. You must notify clients and opposing counsel where appropriate. You must file withdrawals of record with courts before you resign.

Insurance is another consideration. Your practice may have claims-made coverage. Resignation impacts current coverage. However, coverage for past services may continue in runoff. You should understand your runoff coverage and reporting duties. Keep records that allow you to respond to future claims.

Discipline jurisdiction is also key. Resignation does not erase past conduct. The regulator can continue to investigate matters that arose before you resigned. It can proceed with discipline based on past conduct. Your cooperation obligations may continue for those matters.

Finally, think about titles and communications after resignation. Do not hold yourself out as a practising lawyer. Do not use restricted titles that imply current status. If you reference your past role, make it clear you are a former member.

How to Fill Out a Form 2-21 – Application to Resign

Follow these steps to complete the form accurately. Gather your supporting documents before you start. Work through each section in order. Use clear, complete information. If a section does not apply, state “Not applicable” and explain why.

Step 1: Identify yourself and your current status

• Enter your full legal name as it appears on the roll.
• Provide your member number.
• State your current membership status. For example, active, restricted, or other.
• List your firm or employer, if any.
• Provide your professional address and email.
• Provide a personal email and mailing address for future contact. Use a stable address.

Why this matters: The regulator needs to update the public register. It needs to contact you about runoff, records, or any audits.

Step 2: State your proposed effective date and reason

• Choose a realistic effective date. Build in time for file transfers and trust closure.
• Provide your reason. Use plain language: retirement, career change, relocation, health, or firm closure.
• Confirm you do not intend to return to Alberta practice.

Why this matters: The regulator assesses your readiness. It checks that client protection steps tie to the date.

Step 3: Declare your discipline, investigation, and complaint status

• Disclose any open complaints, investigations, citations, or hearings.
• Disclose any practice restrictions or undertakings you have given.
• If none, state that none exist to your knowledge.

Attach details if anything is open. Include file numbers if you have them. Explain status and expected timelines.

Why this matters: Resignation does not avoid accountability. The regulator needs a full picture to protect the public.

Step 4: Trust accounts and trust safety information

• State whether you have ever held a trust account during your current practice.
• If you do not hold or control trust accounts, say so and explain why.
• If you do, provide each account’s institution, branch, and account numbers.
• Confirm all trust accounts are closed or will be closed before the effective date.
• Confirm final reconciliations are complete.
• Confirm there are no shortages. If shortages occurred, explain resolution.
• State whether a final trust compliance report is attached or pending.
• Provide the name of the person responsible for final trust records and location.

Attach Schedule A listing all trust accounts and closure dates. Attach final reconciliation reports and bank letters confirming closure.

Why this matters: Closing trust accounts safely is critical. The regulator may require proof before approval.

Step 5: Client property and original documents

• List categories of client property you hold. For example, wills, titles, minute books, or securities.
• Confirm you have returned property to clients or transferred it with consent.
• Identify any unclaimed property and steps taken to locate clients.
• Provide storage location and custodian for any remaining originals.

Attach Schedule B listing all client property and its disposition. Include client names, descriptions, and dates transferred or returned.

Why this matters: Clients must receive their property. Unclaimed property requires careful handling and records.

Step 6: Open files and file transfers

• Confirm you have closed or transferred all active files.
• For each file, note the new lawyer or firm, or client self-representation.
• Confirm you obtained client direction for each transfer.
• Confirm you have returned trust balances or transferred them under client authority.
• Identify any critical deadlines and how you handled them.

Attach Schedule C listing open files and their transfer status. Include client names, matter types, and transfer dates. Include copies of client direction letters.

Why this matters: Clients need continuity of representation. The regulator checks that you protected client interests.

Step 7: Court matters and withdrawals of record

• List all files where you are counsel of record.
• Confirm you have filed notices to cease acting or substituted counsel.
• Confirm you have served clients and opposing counsel with notices.
• Provide court file numbers and jurisdictions.

Attach copies of filed withdrawals or substitution orders where available.

Why this matters: Courts and parties must know you no longer act. You should leave no doubt.

Step 8: Undertakings and trust conditions

• List all undertakings and trust conditions you still owe.
• For each, confirm completion or describe replacement arrangements.
• Include written confirmation from the recipient where possible.

Attach Schedule D listing undertakings. Include dates and satisfaction details. If any remain, explain how they will be met before the effective date.

Why this matters: Unfulfilled undertakings can harm clients and others. The regulator will not approve resignation with loose ends.

Step 9: Fees, levies, and assessments

• Confirm you have paid all outstanding fees, levies, and fines.
• If any amounts remain, explain your plan to pay before the effective date.

Why this matters: You must resolve financial obligations to the regulator before leaving.

Step 10: Insurance and claims reporting

• State your current professional liability insurance status.
• Confirm your last day of coverage as a practising member.
• Acknowledge your understanding of runoff coverage for past services.
• Confirm you have reported any known circumstances that may give rise to a claim.

Attach any required insurer notices or confirmations, if applicable.

Why this matters: Claims-made policies rely on timely notice. Protect yourself and former clients.

Step 11: Practice records and retention plan

• Describe your records retention plan. Include duration and location.
• Identify the custodian of your records. Provide contact details.
• Confirm secure storage and confidentiality safeguards.
• Confirm you can retrieve records for claims or audits during the retention period.

Attach Schedule E naming the custodian and storage arrangements.

Why this matters: You must preserve records for a prescribed period. You also must protect confidentiality.

Step 12: Successor counsel or custodian for a sole practice

• If you are a sole practitioner, name a successor counsel or custodian.
• Provide a signed consent from the custodian.
• Describe access rights and notification procedures to clients.

Attach the custodian’s consent letter and contact details.

Why this matters: Clients need a point of contact after you leave. A custodian protects them and you.

Step 13: Professional corporation or trade name changes

• If you used a professional corporation or trade name, outline closure steps.
• Confirm name changes to remove restricted terms.
• Confirm tax and corporate filings are up to date.

Attach proof of name change or dissolution filings if required.

Why this matters: Corporate shells with restricted terms can mislead the public. Clean up now.

Step 14: Communications and public notice plan

• Describe how you have notified clients of your resignation.
• State how your website, voicemail, and email will be updated.
• Provide the effective date and contact details for file requests in notices.

Attach a sample client notification letter and website notice text.

Why this matters: Clear communication reduces confusion and protects clients.

Step 15: Declarations and acknowledgements

• Read each declaration on the form carefully.
• Confirm the accuracy of your statements.
• Acknowledge that resignation does not bar investigations of past conduct.
• Acknowledge your ongoing duties regarding confidentiality and records.
• Acknowledge that you must not hold out as a practising lawyer after approval.

Some versions of the form require a sworn or affirmed declaration. If so, sign before a commissioner or notary. Bring identification.

Why this matters: Your declarations are relied upon. False declarations have serious consequences.

Step 16: Signatures and witness

• Sign and date the form.
• If required, have your signature witnessed, commissioned, or notarized.
• If a firm officer must co-sign, obtain that signature.

Check signature blocks for accuracy. Use blue or black ink if filing on paper. Keep a copy for your records.

Step 17: Attach schedules and supporting documents

Prepare and attach the following, as applicable:

• Schedule A: Trust accounts list, closure letters, and final reconciliations.
• Schedule B: Client property inventory and disposition.
• Schedule C: Open files and transfer confirmations.
• Schedule D: Undertakings and satisfaction confirmations.
• Schedule E: Records custodian and retention plan.
• Court withdrawals or substitution orders.
• Client notification letter template and mailing list summary.
• Insurance notices or confirmations, if relevant.
• Professional corporation name change or dissolution evidence, if relevant.

Label each schedule clearly. Cross-reference schedules in the main form where asked.

Step 18: Submit the form and monitor approval

• File the form as directed by the regulator.
• Pay any required resignation fee, if applicable.
• Monitor for confirmation or requests for more information.
• Keep practising until you receive written approval.
• After approval, update all public-facing materials to avoid holding out.

Why this matters: Your resignation is effective only when approved. Plan your closure timeline around that.

Practical tips while completing the form

• Start early. Trust closure and file transfers take time.
• Use checklists. Create a closing checklist for your practice area.
• Communicate often. Keep clients informed about timing and options.
• Document everything. Keep a paper trail for every transfer and notice.
• Be candid. Disclose issues proactively. Regulators respond better to transparency.
• Think about reinstatement. If you might return, consider inactive status instead.
• Protect data. Back up and secure digital files for the retention period.
• Plan for claims. Keep your E&O policy details and broker contact handy.
• Manage deadlines. Do not resign with active court deadlines on your desk.

If you follow these steps, your application should be complete and clear. The regulator’s priority is public protection. Show that you have protected clients, courts, and trust funds. Provide evidence where needed. Make your proposed date realistic. Answer follow-up questions quickly. Once approved, you can step away with confidence that you closed your practice responsibly.

Legal Terms You Might Encounter

• Resignation. In this context, resignation means you ask the regulator to remove you from the register of members. You no longer hold practising or non‑practising status once effective. Form 2-21 is the tool you use to make that request.
• Effective date. This is the date you want your resignation to start. It should match your practice closure steps. If you pick a past date or a date before you finish closing tasks, the regulator may reject or adjust it.
• Good standing. Good standing means you have no overdue fees, filings, or unresolved compliance issues. You usually need to be in good standing to resign. Use Form 2-21 to confirm this, or explain any outstanding items.
• Discipline matter. A discipline matter includes any investigation, complaint, citation, or order. If one exists, the regulator may hold your resignation or impose terms. Form 2-21 asks you to disclose this clearly.
• Undertaking. An undertaking is a promise you made in your practice, often about file handling or payments. You must list any open undertakings on Form 2-21. You must show how each one will be satisfied or transferred.
• Trust account. A trust account holds client funds. If you have one, you must close it properly before resignation. Form 2-21 often requires confirmation of closure, reconciliations, and the final disposition of funds.
• Custodian or successor counsel. This is the lawyer or firm who will take over files, trust funds, and records. In Form 2-21, you identify who will hold closed files and who will complete outstanding work. You confirm their consent where required.
• Indemnity or insurance. This refers to professional liability coverage. Your active coverage ends when you resign. Form 2-21 may ask you to confirm your status and any run‑off coverage options with the insurer or plan administrator.
• Practice closure plan. This is your written plan for winding down your practice. It covers client notice, file transfers, trust funds, and records retention. Form 2-21 relies on this plan. You summarize key steps or attach support if requested.
• Statutory declaration or affidavit. Some regulators require a sworn statement to support resignation. It confirms the truth of your Form 2-21 details. You swear or affirm it before an authorized officer if required by the form.
• Records retention. This means how long you must keep client and accounting records. Resignation does not erase this duty. Form 2-21 may ask where records will be stored and who holds access during the retention period.
• Practice status. This is your current standing, such as active, inactive, or suspended. Form 2-21 records your status at the time of resignation. Different status can change what you must do before approval.
• Consent. Consent means a person agrees to an action. If a successor agrees to take files or trust funds, you need their consent. Form 2-21 may require you to document this consent.
• Certificate or seal. Your membership certificate, stamp, or seal identifies you as a member. Some regulators require you to return or cancel them on resignation. Form 2-21 may include a related declaration.

FAQs

Do you need to be in good standing to resign?

Yes. You should clear unpaid fees, levies, and late filings first. If you have compliance gaps, fix them before you file Form 2-21. If you cannot clear something before filing, explain it in the form and attach proof of your plan to resolve it.

Do you need to close your trust account before you resign?

Yes, if you hold client funds. You must finish reconciliations, disburse remaining funds, and close the account. Keep final statements and a closing reconciliation. Form 2-21 may ask for dates, balances, and who now holds related records.

Do you need to notify clients and transfer files?

Yes. Notify active clients in writing and seek instructions. Transfer files to the client or successor counsel with proper consent. Record what you did and when. Form 2-21 may ask you to confirm file transfers and identify who will hold closed files.

Can you resign if you have an ongoing discipline matter?

It depends. The regulator may defer approval or accept a conditional resignation. You must disclose all matters on Form 2-21. If you try to resign without disclosure, your application can be refused or set aside later.

What happens to your professional liability insurance?

It ends when you resign from active status. Ask about run‑off coverage if you need protection for past work. Form 2-21 may require you to confirm you understand the effect on coverage. Align your effective date with any coverage change.

Can you withdraw your resignation application?

You can ask to withdraw before approval. Whether you can do so depends on your situation. Contact the regulator early if your plans change. If approval already issued, you may need to apply for reinstatement instead.

How long does processing take?

Time varies. It depends on the completeness of your Form 2-21 and your practice closure. If you have trust accounts or complaints, expect more review. You can reduce delays by submitting a complete package with clear attachments.

Do you need to return your membership certificate or stamp?

Often yes. Some regulators require return or formal cancellation. Check the instructions that accompany Form 2-21. If required, include a declaration of destruction or return when you file.

Does resignation affect your ability to act as a notary or commissioner?

It may. Some appointments link to your status as a member. Confirm the rules that apply to your appointment. If your authority depends on membership, assume it ends when you resign.

Can you resign and then immediately rejoin?

Not usually. If you plan to return, consider inactive status instead of resignation. Once you resign, re‑entry usually requires a formal process. It can include fees, references, or education updates.

Checklist: Before, During, and After the Form 2-21 – Application to Resign

Before signing

• Confirm your desired effective date and build a timeline.
• Clear unpaid fees, levies, and outstanding filings.
• Complete trust reconciliations for the last three months.
• Disburse residual trust balances and close trust accounts.
• Prepare final trust and general account statements.
• Draft client notification letters and send them.
• Obtain written client instructions for file transfers.
• Get written consent from successor counsel where needed.
• Create a file transfer log with dates and recipients.
• Identify who will store closed files and for how long.
• Confirm records retention periods and storage methods.
• List open undertakings and your plan to complete them.
• Prepare a summary of open matters and next steps.
• Update your contact email, phone, and mailing address.
• Arrange for mail redirection and voicemail updates.
• Collect your membership certificate, stamp, and card.
• Check insurance coverage end date and any run‑off options.
• If required, schedule a statutory declaration or affidavit.

During signing

• Verify your full legal name and membership number.
• Confirm your current status: active, inactive, or suspended.
• Enter the effective date that matches your closure steps.
• Answer all discipline questions completely and honestly.
• Disclose any bankruptcy or insolvency if the form asks.
• Confirm trust account closure and attach proof if required.
• Identify successor counsel and attach their consent if needed.
• Describe file storage location and security measures.
• List all open undertakings and how they will be satisfied.
• Acknowledge ongoing duties to clients and the regulator.
• Review declarations carefully before you sign.
• If the form requires a witness or commissioner, sign before them.
• Double-check attachments match the form checklist.
• Keep a copy of the completed form and all enclosures.

After signing

• File Form 2-21 as instructed by the regulator.
• Submit any required fees with the application.
• Ask for written confirmation of receipt and completeness.
• Monitor your email for questions or clarifications.
• Respond quickly to any follow-up requests.
• When approved, note the official effective date.
• Update your website, listings, and marketing materials.
• Notify clients of final approval if they still need updates.
• Return or cancel your membership certificate and stamp if required.
• Archive your records in secure, searchable storage.
• Set a calendar reminder for records review checkpoints.
• Update insurers, banks, landlords, and suppliers.
• Keep approval confirmation with your permanent records.

Common Mistakes to Avoid Form 2-21 – Application to Resign

• Leaving trust accounts open. If you forget to close trust accounts or disburse residual funds, your application can stall. The regulator may refuse approval until you fix it. Don’t forget the final reconciliation and closing letter from the bank.
• Picking an unrealistic effective date. If your date arrives before you complete client transfers, you risk service gaps. The regulator may adjust or delay your resignation. Build buffer time for follow‑ups and bank processing.
• Skipping disclosure of discipline matters. Omitting an investigation or complaint can cause refusal and further action. Disclose openly and attach context. Transparency usually shortens review time.
• Ignoring open undertakings. If you leave undertakings unresolved, you can face complaints later. List each one with clear completion steps. Name who will take over if you cannot complete them before resignation.
• Vague records storage plans. If you cannot say where files will live and for how long, approval may pause. Provide concrete details on storage, access, and retention. Confirm who will answer file retrieval requests.
• Missing signatures or oath. If the form needs a witnessed signature or declaration, missing it means delay. Check signature blocks and dates. Sign in the correct capacity if you are a firm principal.

What to Do After Filling Out the Form Form 2-21 – Application to Resign

1. Submit your package. File the signed Form 2-21 with required attachments. Include any fee the regulator requests. Use the submission method they accept. Keep proof of delivery.
2. Track review. Watch for an acknowledgment. If you do not receive one within a few business days, follow up. If you receive information requests, answer promptly and clearly. Use numbered responses that mirror their questions.
3. Prepare for conditions. Approval may include conditions, especially if you have unresolved items. You may need to submit a final trust reconciliation or confirm a specific file transfer. Track each condition until you receive final clearance.
4. Confirm effective date. When approval arrives, note the official effective date. Update your client notices if the date differs from your plan. Stop all reserved‑title usage as of that date.
5. Update public and private profiles. Remove references to active membership from your website and materials. Update directory listings. Change email signatures and voicemail. If you keep a professional profile, mark your status clearly.
6. Return or cancel credentials. If required, return your certificate, card, stamp, or seal. Send a brief cover note listing enclosed items. Keep a copy of the note and a record of delivery.
7. Close remaining accounts. Shut down any remaining firm operating accounts you no longer need. Pay final invoices. Cancel software subscriptions and practice tools. Export data before you close access.
8. Secure records. Move client and accounting records to long‑term storage. Test that you can search and retrieve records. Document the retrieval process. Set reminders for retention deadlines and destruction dates.
9. Handle tax and business matters. File final returns for your entity if needed. Cancel tax accounts that no longer apply. If you will continue a non‑law business, keep its records separate and current.
10. Notify stakeholders. Inform banks, landlords, suppliers, and referral partners of your status change. If others rely on your sign‑off, appoint an alternate where allowed. Keep a log of these notices with dates.
11. Plan for re‑entry, if needed. If you may return later, keep CPD records and references. Track changes in rules that affect reinstatement. Keep your contact details current with the regulator.
12. Amendments and corrections. If you discover an error in your filed Form 2-21, notify the regulator promptly. Submit a short letter identifying the correction. Attach a revised page if they ask for one.
13. Distribution of final notices. Send a final update to active clients stating you have resigned and naming the successor. Include directions for file access. Keep copies of all notices with dates sent.
14. Ongoing duties. Resignation does not remove duties tied to past work. You may need to respond to client requests or the regulator about old files. Keep your contact details accurate to handle these properly.