How to leave the LLC
Video: Removing a Member From an LLC 2024, July
At any time, one of the founders has the right to withdraw from the membership of the LLC. For this, a statement is drawn up in the name of the director of the company. From the moment of submission of this document within 6 months, the company pays the actual value of the share of the withdrawn participant. The organization, in turn, makes changes to the charter by submitting form p13001 to the registering authority.
You will need
- - The minutes of the board of participants or the order of the director;
- - company documents;
- - the charter of the company;
- - financial statements;
- - application for secession from the LLC;
- - application form p13001.
Instruction manual
1
If you want to leave the membership of the LLC, write a statement addressed to the head of the company. The date is indicated in the document, a request is expressed for leaving the company. As a rule, the charter of companies with such an OPF spells out the director's obligation to determine the composition of the company. If the constituent document provides that determining the composition is the responsibility of the council of participants, draw up a statement addressed to the founders.
2
The participants of the company draw up a protocol at the meeting of the founders. The board of participants puts on the agenda the opportunity to exit the LLC. When compiling the protocol, use the information specified in the charter. Some companies prescribe in this document the possibility of free exit from society. In this case, the director draws up an order to expel the individual who wrote the application from the founders.
3
Please note that within six months from the beginning of the year following the year in which the application is made and transferred to the participants or the director of the company, the company pays the value of your share. It is determined on the basis of financial statements by subtracting the authorized capital from the value of the net assets of the LLC. If the difference does not justify your share, the amount of capital of the company is reduced by the amount that is not enough to pay the actual value of the share in full.
4
As a rule, to determine the true value of a share, an appraiser is invited from a party who is not interested in either party, that is, neither LLC, nor the exiting participant.
5
You have the right to sell your share to the company, if this is provided for by the charter. Accordingly, write a notice in the name of the company director. In it, write down the personal data of the person to whom you transfer the right to use your share. Indicate what percentage of the authorized capital is your share.
6
Make a contract of sale. In it, write down the conditions for the transfer of the right to use the share to another participant. Verify the agreement with the signature of the founder, your signature, the seal of the LLC.
7
After your withdrawal from the LLC, the company fills out form p13001, in which sheet G on termination of rights to the share is filled out. The protocol on leaving the company or the director’s order, a statement, a new edition of the constituent document are transferred to the tax authority, which amends the charter accordingly.
