At any time, one of the founders has the right to withdraw from the membership of the LLC. For this, an application is drawn up addressed to the director of the company. From the moment of submission of this document, within 6 months, the company pays the actual value of the share of the withdrawn participant. The organization, in turn, makes changes to the charter by submitting the p13001 form to the registering authority.
It is necessary
- - Minutes of the board of participants or order of the director
- - company documents;
- - the charter of the company;
- - financial statements;
- - application for withdrawal from the LLC;
- - application form р13001.
Instructions
Step 1
If you wish to withdraw from the membership of the LLC, write an application addressed to the head of the company. The document indicates the date, a request is made to leave the company. As a rule, the charter of companies with such an OPF prescribes the director's obligation to determine the composition of the company. If the constituent document stipulates that it is within the powers of the board of participants to determine the composition, draw up an application addressed to the founders.
Step 2
The members of the company draw up a protocol at the meeting of the founders. The Council of Participants puts on the agenda the possibility of leaving the LLC. When drawing up the protocol, use the information specified in the charter. Some companies prescribe in this document the possibility of free exit from society. In this case, the director draws up an order to exclude the individual who wrote the application from the founders.
Step 3
Please note that within six months from the beginning of the year following the year in which the application is drawn up and submitted to the shareholders or the director of the company, the company pays the value of your share. It is determined on the basis of financial statements by subtracting the authorized capital from the value of the net assets of the LLC. If the resulting difference does not justify your share, the amount of the company's capital is reduced by the amount that is not enough to pay the actual value of the share in full.
Step 4
As a rule, to determine the actual value of the share, an appraiser is invited from the outside, who is not interested in either party, that is, neither the LLC, nor the withdrawn participant.
Step 5
You have the right to sell your share to the company if this is provided for by the charter. Accordingly, make a notice addressed to the director of the company. In it, write down the personal data of the person to whom you are transferring the right to use your share. Indicate what percentage of the authorized capital is your share.
Step 6
Draw up a sales contract. In it, write down the conditions for transferring the right to use shares to another participant. Certify the agreement with the signature of the founder, your signature, the seal of the LLC.
Step 7
After you leave the LLC, the company fills out the form р13001, in which sheet D is filled in on the termination of the rights to the share. The protocol of leaving the company or order of the director, a statement, a new version of the constituent document are transferred to the tax authority, which makes the appropriate changes to the charter.
