North Carolina Withdrawal of Assumed Name for Limited Liability
Understanding this form
The Withdrawal of Assumed Name for Limited Liability allows an LLC to officially discontinue using an assumed name and revert to its registered business name. This form is particularly important for LLCs that have established a different public identity and wish to clarify their legal name in business dealings. It serves a different purpose than the assumed name certificate as it formally communicates the withdrawal of the assumed name to the public and state authorities.
Main sections of this form
- Assumed name: Specifies the name being withdrawn.
- Original filing details: Includes the county and date when the assumed name was first registered.
- Effective date: Indicates the date on which the withdrawal will take effect.
- LLC details: Contains the name and address of the LLC that is ceasing business under the assumed name.
- Signatures: Requires signatures from member(s)/manager(s) of the LLC to validate the document.
- Notary section: Certifies the authenticity of the signatures and the document's validity.
Common use cases
This form should be used when an LLC decides to stop using its assumed name and wants to ensure that its legal name is used in all business transactions moving forward. Common scenarios include rebranding, mergers, or when the assumed name no longer accurately reflects the LLCâs operations. It's also necessary to avoid any potential legal confusion regarding the LLC's identity.
Intended users of this form
- Any member or manager of a Limited Liability Company (LLC) looking to formally withdraw an assumed name.
- Business owners who have previously registered an assumed name and wish to revert to their legal business name.
- Individuals managing LLCs undergoing rebranding or restructuring that affects their public name.
How to complete this form
- Identify the assumed name you are withdrawing.
- Document the original filing date and county of your assumed name.
- Enter the effective date for the withdrawal.
- Provide the name and address of your LLC.
- Ensure all member(s)/manager(s) sign the document where indicated.
- Have the document notarized, if required, by a notary public.
Is notarization required?
Yes, this form must be notarized to be legally valid. US Legal Forms offers integrated online notarization, allowing you to complete the process securely via video call, ensuring compliance with legal standards without the need for travel.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to provide the correct original filing details for the assumed name.
- Omitting signatures from all required member(s)/manager(s).
- Entering an incorrect effective date for the withdrawal.
- Not having the document notarized when required.
Benefits of using this form online
- Convenience: Easily fill out and download the form from any device.
- Editability: Customize the form according to your specific needs.
- Reliability: Ensure the use of a legally sound document drafted by licensed attorneys.
Key takeaways
- The Withdrawal of Assumed Name is crucial for LLCs no longer operating under a specific assumed name.
- Completing this form ensures that the LLC is recognized only by its legal name, preventing any potential legal confusion.
- Proper completion and notarization of this form are essential for its acceptance by regulatory authorities.
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FAQ
California requires LLCs to report changes in company membership to the Secretary of State. You can do this by filing a Statement of Information (Form LLC-12). California LLCs have to file one of these annually anyway, so if you have not yet filed for the year, you can simply include the updated member information.
North Carolina requires business owners to submit their Articles of Dissolution by mail or online. Online filers must select "Submit a Filing to an Existing Entity" search for their business, and then select "Upload a PDF Filing".
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. The steps to follow are: Determine the procedure for withdrawing members.
File Articles of Dissolution with the state. Visit an online legal document creation service such as Legal Docs.com or Legal Zoom.com and write the LLC's Articles of Dissolution. These documents are necessary to legally separate each LLC member from the entity.
North Carolina LLCs have to file the completed Limited Liability Company Amendment of Articles of Organization with the Corporations Division of the Secretary of State. You can submit by mail, online, or in person.
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 assumed name is also called a DBA (doing business as) name.Regardless of your form of businesscorporation, limited liability company, partnership or sole proprietorshipyou need to comply with your state's assumed name statutes if you do business using any name other than your legal name.
Members have an ownership interest in the LLC and therefore vote on integral matters according to their equity interest.A manager will be elected by a majority of LLC members and can also be removed, or fired, through the same majority of members. This firing can occur without notice or cause.
