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Removing a Member ing to Governing Documents An LLC's operating agreement may explain the grounds for, and means of, ousting a member. The usual method of involuntary removal is a vote by the other members followed by a buyout based on the departing member's interest or share in the company.
Two Routes: Unanimous Consent & Judicial Expulsion Under the default rules of the Revised Act, Florida LLCs can pursue two different avenues to expel an unruly member: unanimous consent by the LLC members, or judicial decree.
If you pay the fair market value (decided by the courts) on time and in full for the outgoing member's interest in the LLC then the LLC can continue to operate and exist. If not the LLC, dissolves and winds down and once all liabilities of the LLC are paid off, each member gets their percentage of the remaining assets.
Removing a Member ing to Governing Documents The usual method of involuntary removal is a vote by the other members followed by a buyout based on the departing member's interest or share in the company. Member buyouts may be addressed in a buy-sell agreement or another internal governing document.
For your operating agreement The agreement may explain the procedure for resigning, grounds for ousting a member, and the way removal must be voted on. You'll also need to buy out the departing member's interest in the company. The operating agreement may explain how to do this.