How Do I Legally Remove My Name From An LLC

What document do I use to legally remove my name from an LLC and its liabilities?

Answer

When you say “remove my name” from a limited liability company, I assume that you mean that you are a member of the LLC and want to resign. This called “withdrawal” from the LLC.

The addition or resignation of member of a limited liability company is governed by your LLC’s operating agreement.

All limited liability formations performed at LegalZoom include a customized operating agreement, which includes provisions and forms for the removal/withdraw of members as well as dissolving the LLC.

Some LLC operating agreements permit withdrawals only if the other members agree. Other operating agreements let a member withdraw for any reason. It entirely depends on what the members agreed to.

In the absence of an operating agreement–or if the operating agreement is silent on the issue of withdrawal–then your state’s LLC statute will govern. Most state LLC statutes describe under what circumstances a member may withdraw from an LLC, how much notice they must give the other members, and so forth.

Therefore, with a limited liability company already in existence, you will have to review your operating agreement.

Some states require that a form be filed with the state when membership in an LLC changes. Any of the advertisers on this site can help you with that process for a reasonable fee.

This is distinguished from a “dissolution” which terminates the LLC’s existence.

Dissolving a limited liability company requires filing a form–called Articles of Dissolution-with your state.

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