Each of the participants in a limited liability company (LLC) has the right to withdraw from it at any time at his own request. This procedure must be formalized in accordance with the Law on Limited Liability Companies.
It is necessary
- - application form 14001;
- - participant's statement of withdrawal;
- - minutes of the general meeting of participants on amendments to the constituent documents;
- - minutes of the general meeting of founders on the distribution of the share between the other participants or its sale;
- - share purchase and sale agreement;
- - documents confirming payment of the share by the purchaser;
- - new edition of the charter;
- - a receipt for payment of the state duty.
Instructions
Step 1
First of all, take into account the fact that the withdrawal of a participant from the LLC must be stipulated by the charter of the enterprise, therefore, when approving it, provide for this possibility. If the charter has already been registered, but there is no such clause in it, amend it accordingly. Organize a general meeting of participants, include in the agenda the issue of approving a new version of the charter, draw up a protocol based on the results, and then register the changes made with the Federal Registration Service.
Step 2
To leave the LLC, the member must submit an application for withdrawal. There are no clear requirements for its content by law, therefore, it is enough to indicate your last name, first name, patronymic, share size and state your desire to leave the company.
Step 3
The participant can send an application for withdrawal from the LLC in the following ways:
- by transferring to the board of directors, the executive body of the company (director) or an employee responsible for interaction between the founders and the bodies of the company;
- by post to the address indicated in the constituent documents of the company.
Step 4
After receiving an application from the participant to leave the LLC, within 1 month, register the changes in the charter related to the composition of the founders. Submit to the Federal Registration Service a participant's application for withdrawal, an application in form 14001, minutes of the meeting of participants on amendments to the constituent documents, a new version of the charter. Please note that the registration of a participant's withdrawal from the company is not subject to state duty.
Step 5
At the same time, it is possible to register the distribution of the share of the withdrawn participant, although the law sets aside a period of 1 year for this. Divide the share of the participant who left the LLC between the other founders in proportion to their contributions to the authorized capital, or sell it to the participants or third parties. Make the appropriate changes to the company's charter based on the minutes of the general meeting of founders.
Step 6
To complete the process, prepare and submit the following documents to the registration service:
- application form 14001;
- participant's statement of withdrawal;
- minutes of the general meeting of founders on the distribution of the share between the other participants or its sale;
- share purchase and sale agreement;
- documents confirming payment of the share by the purchaser;
- a new edition of the charter;
- a receipt for payment of the state duty.
