This pamphlet provides an overview on the dissolution of a limited liability company (LLC). Topics included cover the reasons for dissolution, different types of dissolution, and steps needed to dissolve an LLC.
Oklahoma USLegal Pamphlet on Dissolving an LLC
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US-PMPH-08
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How to fill out USLegal Pamphlet On Dissolving An LLC?
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How to Dissolve an LLCVote to Dissolve the LLC. Members who decide to dissolve the company are taking part in something called a voluntary dissolution.File Your Final Tax Return.File an Article of Dissolution.Settle Outstanding Debts.Distribute Assets.Conduct Other Wind Down Processes.
Oklahoma law refers to them as members. To transfer LLC ownership in Oklahoma, the member has to transfer vested ownership rights. The majority of the members of the LLC, if any, must consent to the transfer in writing. That is, unless the LLC's Operating Agreement specifies otherwise.
To dissolve/terminate your domestic LLC in Oklahoma, you must submit the completed Articles of Dissolution of an Oklahoma Limited Liability Company form to the Oklahoma Secretary of State by mail, in person or by fax along with the filing fee. If you file by fax, include a cover sheet with all credit card information.
It is usually the result of failing to either comply with state law or file an annual report. The power of the Secretary of State, however, is broad, and in many states, an LLC can be dissolved for nearly any reason the Secretary deems fit.
In regard to assets of a dissolved LLC, they may be distributed to LLC members in any manner that the members agree on and see fit, or alternatively, by the method that is provided in the terms of the LLC's original operating agreement.
By dissolving an LLC properly, it means that the LLC is no longer a legal business entity so you won't be expected to pay any fees or taxes, or file any more documents. Despite no longer operating, it is possible for members to create a new LLC and run it in the same way as the dissolved company.
To close an LLC completely, you need to file a final tax return with the state and the IRS. Make sure you check the box to show this is the final return for the LLC. Fill out Schedule K-1 and give a copy to each member so that they know what to report on their own personal taxes in terms of losses and gains.
These terms are often used interchangeably, but have distinct legal meanings. Dissolution is the winding up of the affairs of the entity in advance of the termination of the entity. Termination of the entity occurs when the entity ceases to legally exist.