If desired, one of the members of the company has the right to leave the LLC at any time. For this, an application is drawn up, then the minutes of the council of participants is drawn up. The firm pays the cost of the share within six months to the retired founder. The company, in turn, submits a completed form р13001 to amend the Unified State Register of Legal Entities.
It is necessary
- - application form;
- - LLC charter;
- - the law on LLC;
- - financial statements;
- - form р13001;
- - company seal;
- - the form of the purchase and sale agreement.
Instructions
Step 1
The law governing the activities of an LLC prescribes the procedure for the withdrawal of participants from the company. As a rule, the director of the firm is vested with the authority to make such a decision. This right is set out in the charter when the organization is created. In this case, address the application for exclusion from the founders to the sole executive body of the company - the general director. If the constituent document provides that the determination of the composition of the participants is under the jurisdiction of the board of founders, make an application addressed to the chairman of the elected body of the LLC. Send the document by mail to the legal address of the enterprise, if the founders refuse to personally accept the application from you.
Step 2
The council of participants draws up a protocol, which indicates the fact of your exclusion from the list of founders. The document is certified with a seal and signatures of each participant. In some cases, when the right to determine the composition of the LLC participants is entrusted to the director, an order is issued by the latter. The fact of your exit from the LLC is written in the substantive part.
Step 3
Within six months from the date of filing the application, the LLC is obliged to pay you the actual value of your share. This value is determined on the basis of the financial statements of the year in which you wrote the application. Some companies call in an appraiser to calculate the value of a share in market prices.
Step 4
As a rule, the charter of an LLC prescribes the sequence of persons to whom the transfer of the right to the share of the withdrawn participant is possible. If the founding document states that the founders are the first applicants, sell your share to one of the founders. Draw up a sales contract, certify it with the seal of the company, the signature of the person to whom the right to use the shares is transferred, your signature.
Step 5
Then the company fills out an application (form р13001). On sheet D of this form, your personal data is entered, a "tick" is put in the column for terminating the rights to a share. Together with this document, a new version of the charter, protocol (or order) is submitted to the registering authority. Based on the information provided, amendments are made to the Unified State Register of Legal Entities.
