Any of them can be removed from the founders of an LLC in only two ways. With his consent, it is enough to draw up the necessary documents. Otherwise, the only way out of the situation is going to court.
It is necessary
- - application for resignation from the founders or a court decision;
- - certificate of registration of LLC;
- - certificate of assignment to the company TIN;
- - previously issued certificates of registration of amendments to the constituent documents and the Unified State Register of Legal Entities (if any);
- - the current editions of the Charter, the Agreement on the establishment (establishment) and amendments to them (if any).
Instructions
Step 1
If the founder of the LLC agrees with the loss of this status, he must submit a corresponding application to the LLC. At the same time, he usually transfers his share in the authorized capital to the enterprise, after which it is distributed among other participants. An option is also possible when the share is taken away, and its amount is contributed by other founders in certain proportions.
Step 2
If the founder does not agree, he will have to go to court with a statement of claim for the withdrawal from the founders. It will be necessary to substantiate this requirement with the provisions of the Charter of the LLC and current legislation and attach evidence of the circumstances that, in accordance with these provisions, served as the basis for the withdrawal from the founders, and pay the state fee.
Step 3
On the basis of an application or a court decision that has entered into force, amendments are made and duly formalized in the Agreement of Establishment and, if necessary, the Charter.
Step 4
Then you need to pay the state duty for making changes to the constituent documents and apply to the tax office with the entire package of documents (depending on the region - registering or at the location (legal address) of the LLC). If all the papers are drawn up correctly, in due time you will receive the necessary documents on the changes made.
