How can I remove a member from a LLC before the operating agreement has been completed or signed?

UPDATED: Sep 30, 2022

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How can I remove a member from a LLC before the operating agreement has been completed or signed?

I recently organized an LLC. There are two members myself and my partner. We
have not signed an articles of organization yet. So far, my partner has not
participated in the organization, nor has he put fourth any investments. I have
done all of the work. The only attachment my partner has to the company is his
name on the articles of organization application. How can I remove the member
from the LLC considering we haven’t completed the operating agreement?

Asked on August 13, 2016 under Business Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An operating agreement is not necessary (thought it is recommended): an LLC can exist and operate without one (and, in fact, many do). Therefore, the lack of an executed operating agreement is irrelevant. If you have registered and formed the LLC and he is one of the members, you can't remove him against his will, since you cannot force someone to give up something he owns, such as his interest in the LLC (unless there was a buy out agreement): all you can do is negotiate his exist--or else *you* can leave this LLC and start a new one without him.

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