How to withdraw from the founders

Any member of the Limited Liability Company has the right to leave the organization at his own request, regardless of whether other participants agree. A much more complicated question is how to get out of the founders who is not going to leave.

You will need

A deed of gift or a contract of sale of an interest in an LLC; copies of the Articles of Association and Articles of Association of the LLC (400 rubles each), Decision, new Articles of Association and Articles of Association of LLC, 2 notarized application forms P13001 and P14001, receipt of state duty payment of 400 rubles; Statement to the court.

Instruction manual

1

If there is no conflict in the organization, then withdrawing the participant from the founders of the LLC will not be difficult. Just invite your business partner to transfer his ownership interest to another founder. He will have to draw up the necessary gift contract or the corresponding contract of sale. In case of shared sale, be sure to keep the documents signed by the "old" participant.

2

Then go to the tax office to register the new founder of the LLC. Request the Federal Tax Service to give you copies of the Articles of Association and the Articles of Association. The cost of issuing each document is 400 rubles. After that, submit to the tax authority the following stitched and numbered documents: - The decision that the information on the participants in the LLC has changed;

- The Articles of Association of the LLC and the Articles of Association in the new edition, which spell out the names and data of the company participants

- 2 application forms P13001 and P14001 (sample http://mvf.klerk.ru/blank/r13001.htm ), notarized, indicating who and to whom transfers the share.

- receipt of payment of the state duty in the amount of 400 rubles. Within 5 working days, the tax service will issue you the relevant certificates.

3

If the organization has a conflict between the founders, then you should know that according to Article 10 of the Federal Law No. 14 of 02/08/1998, a participant can be withdrawn from the founders without his will only through a court. Moreover, only for serious violations that negatively affected the entire activity of the LLC. In addition, each member of the company must present to the judge sufficiently compelling arguments against the expelled founder.

note

Before filing an application with the court, it should be taken into account that the status of the General Director and the founder are not the same, because it is possible to withdraw from the founders only on the basis of activity as the founder, and not as the head of the LLC (from the Resolution of the Federal Arbitration Court of the North-Western District of 06.04. 05 No. A05-8529 / 04-17).

Useful advice

If there are only two of you as founders and a conflict has ripened between you, then it is not necessary to resolve it. You can simply exit the LLC yourself and start your new business "from a white sheet."

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