How to leave the list of LLC owners?

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How to leave the list of LLC owners?

15.12.2023 10:40 434

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Photo of lorina200215 Lorina Fedan

If the participant's share in the authorized capital is less than 50%, then the participant can leave the company at any time without the consent of other participants. For this, the participant needs to contact a notary public or the administrative services center in the relevant district and submit the following documents:

  • A completed application for state registration of a legal entity in Form 2;

  • Receipt for the payment of the administrative fee;

  • Application for withdrawal from a limited liability company, notarized.

The participant will be considered to have left the LLC from the date of state registration of this fact in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (24 hours after registration of the application with submitted documents).

If the share in the authorized capital is more than 50%, then exit is carried out with the consent of other members of the company. To obtain such consent, it is necessary to send each of the participants a statement of their intention to leave the company with a request to give consent to such withdrawal. At the same time, the signature on the application is certified by a notary with the mandatory use of special forms for notarial documents (Part 5 of Article 17 of the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations"). It is better to send the application by registered letter with a description of the attachment at the place of registration of each participant (to confirm the date when the application was sent).

After that, other participants within one month from the date of submission of the application make a decision on granting consent for the participant's exit from the company. The statute of the LLC may provide for a different term for making such a decision (either longer or shorter).

The procedure for state registration of a participant's exit from an LLC is the same - you need to prepare and submit all the above-mentioned documents and, in addition, the participants' decision to give consent to exit from the company (original or notarized copy).

If the documents comply with the law, after 24 hours the participant will be considered to have left the company.

15.12.2023 12:08

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