Form 41 – Notice of Resignation of Attorney

Jurisdiction: Country: Canada | Province/State: British Columbia

What is a Form 41 – Notice of Resignation of Attorney?

Form 41 is the official notice an appointed “attorney” files to step down from that role for a company registered in British Columbia. In this context, “attorney” does not mean the company’s lawyer in a court case. It means the individual (often a BC resident) or organization the company appointed to accept legal documents and official notices on its behalf in the province. Companies from outside British Columbia commonly appoint an attorney when they register to carry on business in BC. This ensures there is a reliable, local point of contact for service of documents and regulatory communications.

You use Form 41 to tell the company and the provincial corporate registry that you no longer agree to act as the appointed attorney. The form updates the public record and, after it takes effect, ends your duty to accept service for the company. Until your resignation becomes effective, you remain the point of contact for legal service. That is why giving formal notice matters. It creates a clear end date for your obligations and confirms the company must maintain a replacement if required.

Who typically uses this form?

You, if you are the named attorney for an extra‑provincial company registered in British Columbia and you wish to resign. This may be you personally (for example, a local director or administrator) or you in your capacity at a law firm or corporate services provider that agreed to act. Corporate secretaries, in‑house counsel, paralegals, and compliance managers also prepare and file this form on behalf of the resigning attorney.

Why would you need this form?

You use it to end your appointment in a proper, recorded way. Common reasons include a change in your employment, firm policy, or residence; a breakdown in the relationship with the company; conflicts of interest; unpaid fees; or the decision to stop offering resident agent services. Sometimes the company has appointed a new attorney and asks you to file a formal resignation to complete the transition.

Typical usage scenarios

• You move out of British Columbia and can no longer be the local point of service.
• Your firm is winding down its registered agent service and has asked each named attorney to file resignations.
• The company stops responding to you, and you no longer wish to accept legal risk as their service agent.
• The company appoints a new attorney and requests that you resign to update the registry.

In each case, Form 41 provides a defined, lawful process to end your role and update the public record.

Form 41 does not remove the company’s duty to maintain a valid local service address if the law requires one. It simply ends your personal or organizational appointment. The company remains responsible for appointing a replacement and keeping its registration compliant.

When Would You Use a Form 41 – Notice of Resignation of Attorney?

You use Form 41 as soon as you decide to stop serving as the appointed attorney and you are ready to trigger the resignation process. The timing matters because your appointment continues until your resignation takes effect under the rules that apply. If you want a clean exit, plan the effective date and delivery steps so there is no confusion.

Consider these practical situations. You are the named attorney for an extra‑provincial company that has become inactive, and you receive mail and legal documents intended for it. You have tried to reach the company with no success. Filing a resignation notice protects you from ongoing duties and puts the onus back on the company to update its records. Or you are a paralegal at a firm that has decided to centralize agent appointments under a different entity. You prepare Form 41 for each affected company, coordinate the effective dates, and arrange delivery to the last known registered office.

You may also file Form 41 when the company has appointed a new attorney. In that case, you set your effective date to align with the new appointment, so no gap exists for service. If the company is leaving British Columbia or will cease carrying on business there, it may end its registration. Even then, file the resignation if the cancellation has not yet been completed. Do not wait on an uncertain timeline. File your resignation and remove yourself from the record on a definite date.

Typical filers include individual appointees, law firm agents, corporate services providers, and internal corporate officers who are named attorneys. Company directors sometimes hold the role in a personal capacity and resign when they leave the board. If you are a compliance manager or corporate secretary, you may prepare the form for signature and manage filing. If your firm is the named attorney, you may need the signature of an authorized signatory rather than a specific individual.

If you cannot reach the company, you still file. Deliver the notice to the registered office or last recorded address for the company and file the notice with the provincial corporate registry. Your resignation does not depend on the company agreeing. It depends on you giving proper notice and allowing any required waiting period to run.

Legal Characteristics of the Form 41 – Notice of Resignation of Attorney

Form 41 is a formal statutory notice. It is legally binding because it meets the requirements set by provincial corporate law for how an appointed attorney resigns. The notice must be in writing, identify the company and the attorney, state the resignation, and be delivered to the company and filed with the corporate registry. Once those steps are complete and any required period passes, your appointment ends on the effective date stated or as the law provides.

Enforceability turns on proper content, proper delivery, and timing. The form needs accurate legal names, registration numbers, and addresses so the right company record is updated. It must be signed by the resigning attorney or an authorized signatory if the attorney is an organization. The notice needs to be delivered to the company in a way the rules accept, typically to the registered office, records office, or principal office. The filing must be made with the provincial corporate registry and any fee paid. When you meet these conditions, the registry updates the public record, and third parties can rely on it.

The resignation is not effective retroactively. You remain the attorney until your stated effective date or until the statutory waiting period has run after delivery, whichever applies. During that time, service of documents on you for the company is still valid. That is why it is important to choose a realistic effective date, confirm delivery, and plan for mail that arrives in the interim.

The company’s compliance obligations continue after your resignation. If it must have a local attorney on record, it needs to appoint a replacement. If it fails to do so, it risks compliance notices, potential penalties, or restrictions. That is the company’s problem to solve. Your problem is making sure you resign properly and stop the flow of service to you on a fixed date.

Keep proof of delivery to the company and proof of filing. Maintain courier receipts, registered mail confirmations, email delivery records (if allowed), and the registry’s acknowledgment or stamped copy. If a dispute arises about when your resignation took effect, this evidence supports your position.

If there are co‑attorneys, your resignation ends only your appointment. The other attorney remains in place until they resign or the company removes them. If you are both resigning, each of you should file a separate notice. If the attorney has died or is no longer capable, different steps apply. In those cases, the company or another authorized person may need to act to update the record.

Finally, avoid conflicts between roles. If you or your firm also provide ongoing legal services to the company, your resignation as attorney for service does not end that engagement. Keep those roles separate. If you are ending both, address each one in the proper way. Do not assume one step handles both.

How to Fill Out a Form 41 – Notice of Resignation of Attorney

Follow these steps to complete and file Form 41 correctly. Keep sentences short in your drafting. Avoid jargon. Use the company’s exact registered details.

1) Confirm your status and gather key details.

• Verify you are the appointed attorney on the current corporate record.
• Collect the company’s full legal name, its home jurisdiction, and its BC registration number.
• Confirm the company’s registered and records office addresses in British Columbia.
• Identify the attorney name on record (you as an individual or your organization) and the service address.
• Decide your intended effective date. Allow for any required waiting period after delivery to the company.

2) Complete the company identification section.

• Enter the company’s exact registered name. Do not abbreviate or translate the name.
• Include the BC registration or incorporation number. This anchors the filing to the right record.
• Provide the company’s home jurisdiction (for extra‑provincial entities) and, if requested, the corporate number in that home jurisdiction.
• List the registered office address in British Columbia. If the company keeps a separate records office, include that address if the form calls for it.

3) Complete the attorney information section.

• Enter your full legal name if you are the attorney as an individual.
• If the attorney is an organization, enter the organization’s exact legal name and its business address.
• Provide the attorney’s service address in British Columbia as shown on the registry. If your address changed, use the current recorded address. Do not use a new address unless you have updated it through the proper process.
• Include the original appointment date if the form requests it. If unknown, write “unknown” and ensure the rest of the record is accurate.

4) State the resignation and the effective date.

• Use clear language. Example: “I resign as the attorney for service for the company identified above.”
• Choose an effective date that complies with the rules. If a waiting period applies, set your effective date far enough out to allow for it after the company receives your notice.
• If the form includes a checkbox or space for “effective on filing” versus “effective on a future date,” select the option that fits the legal requirements and your plan. When in doubt, pick a date that is at least several weeks after you will deliver the notice to the company.

5) Describe delivery to the company.

• State how you delivered or will deliver a copy of this notice to the company. Common methods include courier or registered mail to the registered office, or personal delivery to the records office.
• Enter the date of delivery and the address used. Align this with the address on the corporate record.
• Keep the proof. Attach courier receipts, mail tracking confirmations, or an affidavit of service if the form allows or requires it. If email or electronic delivery is permitted and you use it, save the delivery and read receipts.

6) Address replacement information (if available).

• If the company has already provided details of a new attorney for service, you can note that for context if the form includes a space for “successor attorney.” This is not always required.
• Do not delay your resignation while waiting for the company to finalize its replacement. Your resignation can proceed as long as you meet your notice and filing steps.

7) Sign the form.

• If you are the individual attorney, sign and print your name. Include the date and your contact details.
• If the attorney is an organization, have an authorized signatory sign. Include their name, title, and the date.
• If the form calls for a witness or attestation, ensure the witness signs and prints their name and address. Use a witness who is not the signatory.

8) Prepare and file with the corporate registry.

• Make a clean, legible copy for filing. Ensure all fields are complete and consistent.
• File the form with the provincial corporate registry using the accepted method. This may be by electronic filing, mail, or in person. Pay any required fee.
• If filing electronically, keep the submission confirmation. If filing by mail or in person, request a stamped copy or written acknowledgment.

9) Deliver the notice to the company.

• Send the company copy on the same day you file or earlier. Use the method you stated in the form.
• If you cannot locate the company or it appears inactive, deliver to the last recorded registered office. Use a trackable delivery method.

10) Monitor for effectiveness and update records.

• Note the effective date in your calendar. Track any waiting period tied to delivery.
• Check the corporate record after filing to confirm the update. Retain the registry confirmation.
• Update your internal lists. Notify your mailroom and reception to stop accepting service for the company after the effective date.
• Return any company documents or materials you hold as the attorney for service unless you need them for your records.

11) Handle special cases with care.

• If there are multiple companies that list you as attorney, file a separate Form 41 for each company. Do not try to cover several companies in one notice unless the form explicitly allows it with attached schedules.
• If you and a co‑attorney are resigning, each of you files your own notice. Coordinate effective dates so the company has time to appoint a replacement.
• If the company has changed its registered office without updating the record and your delivery comes back undelivered, keep the returned envelope and tracking proof. Re‑send to the recorded address by another accepted method. File your resignation and keep both proofs. Your resignation can still take effect after you have made proper delivery attempts as required.

12) Keep a complete file.

• Keep a copy of the signed Form 41, your delivery proof to the company, your filing proof with the registry, and any acknowledgment from the company.
• Store this file for your records policy period. If issues arise later, you can show exactly when and how you resigned.

Practical drafting tips make the process smoother. Use the exact names and numbers from a current company search before you draft. Do not guess. Use a clear future effective date to avoid disputes. Build in extra time if delivery could be delayed. Avoid adding conditions to your resignation. Keep the statement short and direct.

Common errors to avoid include entering the wrong company name or number, using the wrong registered office address for delivery, forgetting to sign, missing the effective date, or failing to file with the registry after sending the company a copy. Another error is to resign by email alone when email is not an accepted method of service. When unsure, use a trackable physical delivery method to the registered office.

If your firm is the named attorney and you are leaving the firm, do not sign a personal resignation unless you are the actual party on record. Confirm the named attorney with a search. If the firm is named, the firm must sign through its authorized signatory. If you personally are named, you must sign, even if the firm arranged the original appointment.

Finally, remember this. Resignation does not waive anything that happened while you were the attorney. It simply stops new obligations from arising after the effective date. File the form, deliver the notice, and confirm the update. Once you do, you can step away with a clean, documented end to your role.

Legal Terms You Might Encounter

• Adult: The adult is the person who gave you authority under a power of attorney. Form 41 is about you resigning from that role. You must deliver notice to the adult unless they cannot receive it. The adult remains the owner of their property throughout.
• Attorney: An attorney is not a lawyer here. It is the person appointed to manage the adult’s financial or legal matters. When you complete Form 41, you are the attorney who is stepping down.
• Enduring Power of Attorney: This is a power of attorney that continues if the adult becomes incapable. If you were acting under an enduring power of attorney, Form 41 tells everyone you are resigning. The enduring nature of the document does not stop you from resigning.
• Resignation: Resignation means you are formally stepping down. Form 41 is the written notice that records your decision. Your resignation does not take effect until you deliver notice to the right people.
• Notice: Notice is the formal communication that you are resigning. It must be clear and complete. Form 41 is the notice. You must send it to the adult, any alternate attorney, and others affected by your role.
• Delivery (or Service): Delivery means how you send the notice to the right people. It can include in-person, mail, or another method that proves receipt. Keep proof of delivery for your records.
• Co‑Attorney and Alternate Attorney: A co‑attorney shares authority at the same time. An alternate attorney steps in if the first attorney cannot act. If you resign using Form 41, a co‑attorney may continue. An alternate may start acting if named and conditions are met.
• Effective Date: The effective date is when your resignation starts to apply. This is usually when you have delivered notice as required. List the date clearly on Form 41 and in your cover letters.
• Authority: Authority is the scope of powers the adult gave you. This can include banking, investments, taxes, and property. When you resign with Form 41, your authority ends on the effective date.
• Accounting and Records: Accounting means the financial records of what you did as attorney. Records include statements, receipts, contracts, and correspondence. When you resign, you should prepare a final accounting and hand it over.
• Incapacity: Incapacity means the adult cannot make certain decisions. An enduring power of attorney can still operate if the adult is incapable. Your resignation must consider this. You need to ensure a proper handover so the adult is not left without support.
• Revocation: Revocation is different from resignation. Revocation is when the adult cancels your authority. Resignation is when you choose to step down. Form 41 covers resignation, not revocation.

FAQs

Do you need the adult’s permission to resign as attorney?

No. You can resign. You do not need permission from the adult. You do need to give proper notice. Use Form 41 to clearly state your resignation. Deliver it to the adult, any co‑attorney, and any alternate. Also notify anyone relying on your authority, such as banks or brokers. You must complete any urgent tasks only if needed to prevent immediate loss. Stop acting once resignation takes effect.

Do you need to file Form 41 with a court or registry?

Usually, no. Resignation often happens by written notice only. That said, consider where the power of attorney has been used. If it is on land title, a property deal, or litigation, you may need to file or notify those bodies. You also need to notify financial institutions. Ask each institution what they require to update their records. Keep proof of delivery and any filing confirmations.

Do you have to notify the adult if they are incapable?

Yes, unless they cannot receive notice. If the adult is incapable, deliver Form 41 to their residence or care setting. Also notify any representative, guardian, or committee if you know one exists. Always notify any co‑attorney and alternate. The goal is to ensure continuity. If you cannot identify a substitute, tell the adult’s close contact or primary caregiver and note your efforts.

Do you need to prepare a final accounting when you resign?

Yes. Prepare a final accounting from your last report to your effective date. Include bank statements, receipts, invoices, and contracts. Explain any transfers or unusual items. List outstanding bills or commitments. Provide copies to the adult and any successor. Keep your own copy. This protects you and supports a clean handover.

Do you remain liable for actions after resignation?

No, not for actions after your resignation takes effect. You remain responsible for your actions while you were attorney. That includes record‑keeping and reasonable decisions. Your final accounting should show what you did. Keep records for several years. If an issue arises, you will need them.

Do you need a witness for Form 41?

A witness is recommended. A neutral witness supports that you signed the notice. If the original power of attorney required certain witnessing, match that standard if you can. Include the witness’s full name and contact information. A witness adds credibility with banks and other institutions.

Do you have to return the original power of attorney?

Yes, return any original documents to the adult or the successor. If multiple banks hold copies, provide your resignation to each. Keep a scanned copy and a delivery receipt for your file. If the document is registered or deposited somewhere, confirm that the repository updates its records.

What if there is no alternate attorney and the adult is incapable?

Flag the gap. Your resignation may leave the adult without an attorney. Inform the adult’s close contact or caregiver. Explain that someone may need to apply for authority to manage finances. You cannot keep acting after your resignation takes effect. Make your final accounting, stop acting, and record your notices.

Checklist: Before, During, and After the Form 41 – Notice of Resignation of Attorney

Before signing

• Identify the governing power of attorney. Confirm it is current and whether it is enduring.
• Review the appointment terms. Note co‑attorney or alternate provisions and any conditions to act.
• Confirm the adult’s full legal name, birthdate, and current address.
• List all institutions where you act: banks, credit cards, investments, insurers, pension plans, utilities, tax, and property managers.
• Note any ongoing transactions: property sales, renewals, settlements, or large payments.
• Gather key records: the original power of attorney, your appointment letters, account statements, and recent correspondence.
• Prepare a draft final accounting through the planned effective date.
• Decide on an effective resignation date. Build in time for delivery and handover.
• Identify who must receive notice: the adult, co‑attorney, alternate, caregivers, professionals, and institutions.
• Choose your delivery methods. Plan how you will prove delivery for each recipient.

During signing

• Confirm the exact title: Form 41 – Notice of Resignation of Attorney.
• Check names and dates. The adult’s name must match the power of attorney. Your name must match your ID.
• State that you resign as attorney and list the power of attorney’s date.
• Set the effective date. Use a clear calendar date, not “upon receipt.”
• List all parties you will notify. Include addresses, emails, and account numbers as needed.
• Add a short reason for resigning if you wish. Keep it neutral and factual.
• Sign and date the form. Use blue or black ink.
• Have a neutral witness sign. Add their printed name and contact information.
• Initial any corrections. Avoid blank spaces. Attach schedules if you need more space.

After signing

• Deliver Form 41 to the adult. Use a method that gives proof of receipt.
• Deliver to any co‑attorney and alternate. Ask for written acknowledgement.
• Notify each institution. Include account numbers and a copy of Form 41. Ask them to update records and confirm in writing.
• If the power of attorney is on title or part of a deal, notify the professionals handling it. Provide Form 41 and confirm the next steps.
• Send your final accounting to the adult and any successor. Offer a brief handover summary.
• Return originals and property. That includes keys, cards, checkbooks, and devices used for the role.
• Record all deliveries. Keep courier tracking, emails, and signed acknowledgements.
• Secure your file. Store copies of Form 41, the power of attorney, notices, and your accounting.

Common Mistakes to Avoid Form 41 – Notice of Resignation of Attorney

• Not notifying everyone who relies on your authority. Don’t forget banks, insurers, brokers, accountants, and property managers. Consequence: Institutions may still treat you as attorney, and you may receive demands or mail.
• Setting a vague effective date. “Immediately” causes confusion. Use a specific date. Consequence: Overlap or gaps in authority, causing missed payments or rejected instructions.
• Skipping the final accounting. Do not assume someone else will sort it out. Consequence: Disputes over transactions, delays in the successor taking over, and questions about your decisions.
• Failing to return records and tools. Don’t keep cards, online credentials, or originals. Consequence: Security risks, frozen accounts, and mistrust from the successor and institutions.
• Ignoring pending transactions. Don’t resign mid‑deal without a handover plan. Consequence: Collapsed sales, penalties, or avoidable losses.

What to Do After Filling Out Form 41 – Notice of Resignation of Attorney

1. Finalize delivery. Send Form 41 to the adult and any co‑attorney or alternate. Use traceable methods. Keep receipts. If the adult cannot receive notice, send it to their care setting and any known substitute decision‑maker.
2. Notify institutions. Contact each bank, insurer, investment firm, and government payor. Ask them to remove your authority as of the effective date. Provide a copy of Form 41 and any ID they request. Ask for written confirmation.
3. Coordinate the handover. If there is a co‑attorney or alternate, arrange a transition call. Share your final accounting, upcoming due dates, and active files. Provide contact information for key advisors.
4. Close out tools. Return checkbooks, cards, tokens, and devices tied to the adult’s accounts. Delete saved passwords from your devices. Remove your access to online banking and portals.
5. Address pending matters. For any sale, renewal, or claim, tell the professionals you have resigned. Give them the successor’s details. Confirm who will sign and fund any remaining steps.
6. Store your records. Keep your copy of Form 41, the power of attorney, notices, and your final accounting. Keep them for several years in a secure place. Do not destroy records early.
7. Monitor for stragglers. For 60–90 days, watch for mail or emails still sent to you. Forward them to the successor. Send a reminder notice to any lagging institution.
8. Amend if needed. If you discover an error in your notice, issue a corrected Form 41. Deliver it to everyone who received the first one. Label it “Corrected” and restate the effective date.
9. Confirm closure. After a few weeks, check that institutions have removed your authority. Ask for confirmation letters or updated signing authorities. Save those confirmations with your records.
10. Step back. Once your resignation is effective and the handover is complete, stop acting. Do not provide instructions. Refer any requests to the successor.