According to the federal law "On limited liability companies", a participant has the right to leave the company with such an OPF. For this, a statement is drawn up, which is addressed to the director or the board of founders. It depends on who is responsible for making a decision on the composition of the participants. Then an order or protocol is issued, and within six months the actual price of the share is paid, which goes to the company.
It is necessary
- - LLC charter;
- - application form;
- - order or protocol form;
- - financial statements;
- - stamp of LLC;
- - form р13001;
- - new edition of the charter;
- - the form of the purchase and sale agreement.
Instructions
Step 1
When you decide to leave the limited liability company, notify the other members of this in writing. If the charter of the company states that the determination of the composition of the founders is under the jurisdiction of the board of participants, write a statement addressed to the chairman. If you refuse to accept this document from you, send it in the form of a letter to the legal address of the company. If the constituent document of the enterprise indicates that the right to decide on the composition of participants is taken by the sole executive body, that is, the director, write a statement addressed to the head of the organization.
Step 2
Depending on in whose name the application is drawn up, an order is issued to expel you from the limited liability company by the director of the enterprise or a protocol is written. The latter is signed by each founder. One of these documents is attached to the application issued by the company. Moreover, in the p13001 form, sheet D is filled out, according to which the rights to the share of the retired founder are terminated.
Step 3
After writing an application and issuing an administrative document, your share is transferred to the company, as a founder who left the membership. Moreover, the value of the share is estimated based on the results of the financial statements of the year in which the application for leaving the LLC was made. The price of a part in the authorized capital of a participant can be calculated by an independent person. The value of the share is paid in kind or in cash. It depends on the form in which the contribution to the capital of the company was made.
Step 4
If you wish, you have the right to transfer your share to one of the founders. The charter, as a rule, prescribes the sequence of persons to whom the sale of a part of the withdrawn participant in the capital of the company is possible. Usually the founders are the first. In this case, draw up a sales contract. In it, enter information about the participant to whom the share is transferred. Certify the agreement with the seal of the company, your signature, the signature of the founder.
