When making amendments to the organizational structure of a Limited Liability Company, it is important to find a less costly, but legally justified way of how to withdraw a participant from the LLC. Indeed, according to the laws of Russia, this procedure can be carried out only if the exiting member of the company is fully paid the cost of his share in the authorized capital, or property is issued equivalent to this value.
It is necessary
Passport, all documents of the LLC
Instructions
Step 1
Withdrawal from the LLC by selling your share. Prepare and sign a protocol with the decision on the share sale in favor of another participant. In the document itself, be sure to indicate to whom you are selling your share. Execute an agreement and a deed of sale and purchase of a participatory interest in an LLC with a notary. Notify the registering tax authority about this transaction. In total, you should have 3 copies of the notification in your hands - yours, for future co-founders and for the Federal Tax Service.
Step 2
Leaving an LLC by giving up your share in favor of the company. If a conflict is brewing between you and other members of the company, it is better to voluntarily cede your share in the authorized capital to one or several other members of the LLC. According to the law, in this situation, their consent is not required if such is not provided for by the charter of the company. Keep in mind that you can only refuse the size of the share that you personally contributed to the authorized capital of the company. To alienate a share, you will need the following documents:
- a copy of the latest edition of the Charter;
- a copy of the latest edition of the memorandum of association;
- passport data of the exiting participant;
- a copy of the tax registration certificate;
- a copy of the certificate of state registration of a legal entity;
- a copy of the latest extract from the Unified State Register of Legal Entities.
Step 3
Leaving the LLC by increasing the authorized capital. If you are the only member in the organization, then first enter the second member into the LLC. Further increase the authorized capital, thanks to the property contribution of the new member. Give up your share in favor of society. During this procedure, you will need the following documents:
- form 13001;
- form 14001;
- request for a copy of the Articles of Association;
- protocol;
- original and copy of the Charter;
- the act of acceptance and transfer of property;
- National tax;
- application for joining the company of a new participant;
- a statement about the withdrawal from the company of the old participant.
