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An operating agreement is a document which governs the internal operations of the limited liability company (LLC) and can be drafted even after the LLC has been formed. Under Connecticut law, an LLC is not required to have an operating agreement.
If you want to remove your name from a partnership, there are three options you may pursue:Dissolve your business. If there is no language in your operating agreement stating otherwise, this will be your only name-removal option.Change your business's name.Use a doing business as (DBA) name.
The usual practice is to require the member who is withdrawing to give the LLC written notice of the withdrawal. The letter, stating you are withdrawing and requesting your share of assets and income, should be signed by you and sent to all the other members.
The only possible ways for a partnership or LLP to divorce a partner are through expulsion or de-listing. There is the option of resigning from the partnership, as described in the partnership agreement, and there is also the option of leaving voluntarily, as described in the partnership agreement.
The only way a member of an LLC may be removed is by submitting a written notice of withdrawal unless the articles of organization or the operating agreement for the LLC in question details a procedure for members to vote out others.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, and which means someone could sue to go after you without there being any shield to protect your personal assets.
This is one of the benefits of having an LLC because it allows a Manager to run the business without fear of personal liability. But, a Manager may be held personally liable for criminal action and intentional actions that are outside the scope of its authority.
When one partner wants to leave the partnership, the partnership generally dissolves. Dissolution means the partners must fulfill any remaining business obligations, pay off all debts, and divide any assets and profits among themselves. Your partners may not want to dissolve the partnership due to your departure.
Unless the articles of organization state otherwise, when a member leaves a LLC, her former ownership interest is divided equally between the remaining members or is transferred to a new member, according to "Your Limited Liability Company: An Operating Manual."
Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.