What document do I use to legally remove my name from an LLC and its liabilities?
Answer
When you say "remove my name" from a limited liability company, I assume that you mean that you are a member of the LLC and want to resign. This called "withdrawal" from the LLC.
The addition or resignation of member of a limited liability company is governed by your LLC's operating agreement.
All limited liability formations performed at LegalZoom include a customized operating agreement, which includes provisions and forms for the removal/withdraw of members as well as dissolving the LLC.
Some LLC operating agreements permit withdrawals only if the other members agree. Other operating agreements let a member withdraw for any reason. It entirely depends on what the members agreed to.
In the absence of an operating agreement--or if the operating agreement is silent on the issue of withdrawal--then your state's LLC statute will govern. Most state LLC statutes describe under what circumstances a member may withdraw from an LLC, how much notice they must give the other members, and so forth.
Therefore, with a limited liability company already in existence, you will have to review your operating agreement.
Some states require that a form be filed with the state when membership in an LLC changes. Any of the advertisers on this site can help you with that process for a reasonable fee.
This is distinguished from a "dissolution" which terminates the LLC's existence.
Dissolving a limited liability company requires filing a form--called Articles of Dissolution-with your state. Legalzoom has Articles of Dissolution for each state, and will dissolve your LLC for you starting at $129+ state fees (pricing as of August, 2008).
Wow, I'm not the only one! We started an LLC in Virginia. We have not done any business and have not earned any money. She will keep the LLC name and rights, I just need to remove my name. We never signed a partnership agreement. Please help! Thanks!!
Feb 11, 2013 Rating
Health Problems by: Anonymous
I have a Georgia LLC and one of my members has Canser. The Company was opened in 2009, he has never worked or does not exspect anything, he is unable to speak or write at this point how do I remove him from the LLC?
Sep 29, 2012 Rating
removing my name from LLC by: Anonymous
I am in Texas and 50% owner of an LLC that does not have an operational agreement and never got started. He has all the documents and we are not on speaking terms. What do I need to do to remove my name from this LLC?
Answer
Without an operating agreement, a Texas LLC is governed by the Texas Business Organizations code.
What documents exist that DO establish you are a member if the LLC has no operating agreement? Do you have any document--even an email between you and your business partner--that establishes that you are a 50% owner?
Did you sign the Articles of Organization?
Jun 11, 2012 Rating
LLC Name Removal by: Anonymous
Hello, I got the same question, but my state is Illinois...
Apr 07, 2012 Rating
removing someone from an llc by: Anonymous
I am in a partnership llc with a person who I would not like to be in the business with me anymore. The business is listed under my home address in the state of Wisconsin. How would I go about getting this done?
Feb 03, 2012 Rating
removing my name from an LLC by: Jordan
So lets say I am from idaho and i am leaving a company that i had been 50% ownership in. Since then there were many disagreements and now i want to remove my name form the LLC and any other documents that link me to this LLC and company. What steps do it take to do so.
Jun 27, 2011 Rating
LLC formation by: Anonymous
Hi I have a question about the LLC I just formed. It was suppose to be my name Heather Faun B*** on there and it had Brian D**** on there as well. I need to remove this name. How do I do that? also I need copies of all the documents for my company, don't have them....
thank you Heather
Response
Remove his name from what:
1. Articles of Organization. 2. Operating Agreement. 3. Some other LLC document.
?
Also, what state is this in.
Then I can point you in the right direction for an amendment form to get this done.
