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


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.

Most limited liability formations performed at companies like LegalZoom can include a customized operating agreement, which includes provisions and forms for the removal/withdraw of members as well as dissolving the LLC.  If you did not use an online company to form your LLC, RocketLawyer has a free operating agreement template.

The operating agreement is different from the articles of organization (sometimes called the certificate of formation or articles of formation).  The operating agreement isn’t required in all states, but very important for situations like removing a member or partner from an 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 how to remove a member from an LLC. 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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