Missouri Checklist - Sale of a Business

State:
Multi-State
Control #:
US-04096BG
Format:
Word; 
Rich Text
Instant download

Description

The sale of any ongoing business, even a sole proprietorship, can be a complicated transaction. The buyer and seller (and their attorneys) must consider the law of contracts, taxation, real estate, corporations, securities, and antitrust in many situations. Depending on the nature of the business sold, statutes and regulations concerning the issuance and transfer of permits, licenses, and/or franchises should be consulted. If a license or franchise is important to the business, the buyer generally would want to make the sales agreement contingent on such approval. Sometimes, the buyer will assume certain debts, liabilities, or obligations of the seller. In such a sale, it is vital that the buyer know exactly what debts he/she is assuming.
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FAQ

Rather than petitioning the court to remove a member from an LLC, members can petition the court to dissolve the LLC. An LLC must be dissolved in order for it to be terminated, i.e., for it to legally cease to exist. The LLC cannot enter into new contracts, although it may be required to satisfy existing agreements.

A business tax ID number, also called an employer identification number (EIN) or federal tax ID, is a unique nine-digit number that identifies your business with the IRS.

LLC ownership percentage is usually determined by how much equity each owner has contributed. The ownership interest given to each owner can depend on the need of the limited liability company and the rules of the state where the LLC has been formed.

In Missouri, you must first file a Notice of Winding Up to inform the state that you are in the process of ending your business. Then, once you wind up your LLC, you must file the Articles of Termination. Both forms are $25. Missouri requires business owners to submit their Articles of Termination" by mail or online.

A Missouri tax ID number, also referred to as an EIN or Employer Identification Number, is given to a business entity from the IRS. It's also called a Tax ID Number or Federal Tax ID Number (TIN).

Find Your Missouri Tax ID Numbers and RatesYou can find your Employer Account Number on any previous quarterly report, or on any notices you've received from the Department of Labor and Industrial Relations.If you're unable to locate this, contact the agency at (573) 751-1995.

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.

Choose the right business structure (formation) for you....Full Transfer: Selling Your Missouri LLCDetermine whether the buyer wants your entire entity or just your LLC's assets.Obtain the consent of every LLC member to sell the business.Consult your Operating Agreement for help drafting a buy/sell agreement.

Change ownership You should contact the Department to determine if you will need to apply for a new number businesstaxregister@dor.mo.gov or call 573-751-5860.

If you want to change the name of your Missouri LLC, you will have to submit a completed Amendment of Articles of Organization form to the Secretary of State. You can file by fax, mail, or in person. You will also have to include $25 for the filing fee.

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Missouri Checklist - Sale of a Business