How to withdraw from a LLC if there are no provisions in the articles of organization?

UPDATED: Nov 26, 2011

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How to withdraw from a LLC if there are no provisions in the articles of organization?

I want to back out and am not the registered agent.

Asked on November 26, 2011 under Business Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there are no provisions allowing you to withdraw as a member of the limited liability company that you are writing about, I would look at the presumed operating agreement for this entity.

Assuming there is an approved operating agreement, it should spell out the means for you to withdraw as a member and receive compensation for your membership certificates. If there is no operating agreement, then you will have to consult with your state's statutes so as how you withdraw as a member for this limited liability company.

If there is no operating agreement for this limited liability company, I suggest that you consult with a business attorney further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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