Any member of the Limited Liability Company has the right to withdraw from the organization at will, regardless of whether the other members agree. A much more difficult question is how to get someone out of the founders who is not going to leave.
It is necessary
Gift agreement or agreement for the sale and purchase of a participation interest in an LLC; copies of the Charter and the Charter Agreement of LLC (400 rubles each), the Decision, the new Charter and the Charter Agreement of LLC, 2 notarized application forms Р13001 and P14001, a receipt for payment of the state duty 400 rubles; Application to the court
Instructions
Step 1
If there is no conflict in the organization, then it will not be difficult to remove the participant from the founders of the LLC. Just invite your business partner to transfer his share of participation to another founder. He will have to draw up the necessary deed of donation or the corresponding contract of sale. In the case of a share sale, be sure to keep the documents signed by the "old" participant.
Step 2
Then go to the tax office to register the new founder of the LLC. Request the FTS 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 the following stitched and numbered documents to the tax authority: - Decision that the information about the LLC participants has changed;
- the Charter of the LLC and the Charter Agreement in a new edition, where the names and data of the participants of the company are spelled out;
- 2 application forms P13001 and P14001 (sample https://mvf.klerk.ru/blank/r13001.htm), notarized, indicating who transfers the share and to whom
- a receipt for payment of the state duty in the amount of 400 rubles. Within 5 working days, the tax service will issue you the relevant certificates.
Step 3
If there is a conflict between the founders in the organization, then you should know that according to Article 10 of Federal Law No. 14 dated 1998-08-02, it is possible to withdraw a participant from the founders without his desire only through the courts. Moreover, only for serious violations that negatively affected the entire activities of the LLC. At the same time, each member of the company must present to the judge sufficiently weighty arguments against the expelled founder.
