For one reason or another, you have decided to go out of business. Perhaps you are tired or want to discover something new. If the organizational and legal form of your enterprise was a Limited Liability Company (LLC), then it is not difficult to buy out your share from partners and get out of the business.
It is necessary
Purchase the current text of the Federal Law "On Limited Liability Companies" No. 14-FZ dated 08.02.1998 or download it from the Internet. It is best to use the "Consultant" legal system
Instructions
Step 1
A participant's withdrawal from the LLC is carried out voluntarily or compulsorily. Cases of forced exclusion, as a rule, are rare and not relevant for this article, therefore, we will consider an algorithm for voluntary withdrawal from the membership of an LLC. Withdrawal from the membership of an LLC is regulated by Article 26 of the Federal Law "On Limited Liability Companies" No. 14-FZ dated 08.02.1998.
Step 2
According to article 26, a participant in an LLC has the right to withdraw from the membership by alienating a share in an LLC, regardless of the consent of its other participants or the LLC itself, if this is provided for in the charter of the LLC. In the charter, such a right can be provided both immediately upon the establishment of the LLC, and in the future, when amendments are made to the charter by decision of the general meeting of participants. Such a decision must be taken unanimously. If such a right is enshrined in the charter of the LLC, then it will be possible to leave the LLC without any problems. It is not allowed to leave the LLC participant only if, as a result of such withdrawal, no participant will remain in the LLC, or if the LLC participant is the only one.
Step 3
In order to leave the LLC, it is necessary to write a statement of withdrawal to the address of the LLC itself. After that, your share will go to the LLC, and you will receive the cash equivalent of your share in the LLC or property, the value of which will be equal to the cash equivalent of your share. What to receive is up to you. The LLC is obliged to pay you the cash equivalent of your share or transfer the property within six months.
Step 4
If you are going to leave the LLC, although you have not yet fully contributed to its authorized capital, then, accordingly, you will receive a part of your share - in proportion to the paid part of the contribution. It is worth remembering that the withdrawal of a participant from the LLC does not release him from the obligation to contribute to the property of the LLC, if such an obligation arose before the application for withdrawal from the company was submitted.
