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How is the participant exit from LLC

First of all it should be noted that absolutely every member of any LLC has the full right to withdraw from it without the consent of the other participants, however, provided that otherwise is not provided by the current charter. This kind of changes were envisaged in the legislation, or rather in the new Federal Law under the number 310-Ф3 of 2009. Such innovations also considered the issue of the timing of payment of a share. So experts argue that the maximum period, as a rule, should not exceed about three months, but it can be changed taking into account the Charter of the Company.

The exit of the participant from LLC

  • By drawing up a special application;
  • Sale of its share directly to other participants or even to third parties.

The withdrawal of the participant from the LLC using a special application

According to the existing legislation, each shareholder LLC has the right to make a statement on the existing model and, accordingly, to withdraw from its composition. But on the other hand, such a privilege is not possessed by the co-founder in the event that he is the only legitimate founder of the Society. The withdrawal of the participant from the LLC is carried out after writing the appropriate application for the decision taken in the name of the General Director of this Company. Subsequently, after the adoption of the CEO, in turn, must necessarily endorse the document and note the date of its adoption. Then, as a rule, an extraordinary meeting of all members of the Company is appointed, which take a positive decision, and consider redistributing existing shares.

The exit of the participant from LLC. Sale of shares

In addition to using a special application, a member of the Company can also sell its share to the remaining participants or even to third parties. It is important to note that in the latter case, the agreement of the remaining members is not necessary. Subject to the sale of shares to other third parties, it should be noted that the remaining participants have the pre-emptive right to purchase, in which case the value must be determined in advance and spelled out in the Charter of the Company. In addition, the price must be proportional to the size of the existing shares.

The exit of the participant LLC. Sale to third parties

In the event that a shareholder wants to sell his own part to third parties, he is obliged, as required by the Charter, to notify all members of the Company by sending an offer containing information on the decision taken, as well as the cost and other terms of sale. If the co-founders of the Company refuse the pre-emptive right to purchase, within exactly 30 days from the moment of receipt of the offer they must notarially confirm their decision. If the last condition is not observed, the alienation transaction is considered invalid.

The exit of the participant from LLC. Documentation

  • Pages of the passport of the direct executive body (copy);
  • An extract from the local EGRUL (copy);
  • Pages of the passport of the interest-bearing account issuing from the LLC (copy);
  • Current edition of the Charter of the LLC (copy);
  • Certificate of INN (copy);
  • Contact Information.

Thus, everything is possible.

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