Pursuant to section 464(5)(c) of the Companies Ordinance (Cap. 622) (“CO”), a resigning director may send his resignation notice by way of email to the company provided that the conditions in section 828(2) (communication to company by person who is not company) or section 831(3) (communication between companies) of the CO governing communication in electronic form are met. In brief, it is one of the conditions that the company should have agreed, generally or specifically, that the document or information may be sent or supplied to it in electronic form and the company has not revoked the agreement; or is to be regarded under a provision of the CO as having so agreed.
Section 464 of the CO does not require a director’s written resignation notice to be signed. Accordingly, an electronic signature is not required for a notice of resignation given by email.