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A manager may be removed at any time by the consent of a majority of the members without cause, subject to the rights, if any, of the manager under any service contract with the limited liability company.
Removal may be as simple as the member submitting a letter of resignation, depending on the relevant provisions. However, if the member is not willing to voluntarily resign, the provisions might provide, for example, a voting procedure allowing the other members to vote for the removal of the recalcitrant member.
In general, any ownership in a business passes to the decedent's estate. The ownership would then pass on to an heir based on North Carolina law, if there is no will.
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.
Every North Carolina LLC owner should have an operating agreement in place to protect the operations of their business. While not legally required by the state, having an operating agreement will set clear rules and expectations for your LLC while establishing your credibility as a legal entity.
To add or remove an LLC member, you must amend your Operating Agreement. Although you can amend your Operating Agreement internally, you will also need to alert the appropriate government agencies. Check your state's reporting requirements to see if you need to provide notification when changing LLC members.
The state allows you to skip the Principal Office address during LLC formation. However, you must enter a Principal Office address when you file your first North Carolina LLC Annual Report.
All LLC's should have an operating agreement, a document that describes the operations of the LLC and sets forth the agreements between the members (owners) of the business. An operating agreement is similar to the bylaws that guide a corporation's board of directors and a partnership agreement.
To amend a North Carolina LLCs articles of organization, you file form L-17, Limited Liability Company Amendment of Articles of Organization with the North Carolina Secretary of State, Corporations Division SOS. You can submit the amendment by mail, in person, or online.
Steps to Take to Close Your BusinessFile a Final Return and Related Forms.Take Care of Your Employees.Pay the Tax You Owe.Report Payments to Contract Workers.Cancel Your EIN and Close Your IRS Business Account.Keep Your Records.