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If the operating agreement states it as a possibility, you may be able to sell your member shares. Typically, you must offer them to the remaining members for the right of first refusal before offering them outside of the LLC membership. Generally, all members must agree you may sell your shares.
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.
It provides a reference for how to solve problems and disagreements, and it serves to protect all members and the business itself. Although LLC Operating Agreements are not legally required in Pennsylvania, it is always good to have one.
To make amendments to your limited liability company in Pennsylvania, you must provide the completed Certificate of Amendment-Domestic Limited Liability Company (DSCB: 15-8512/8951) form to the Department of State Corporation Bureau by mail, in person, or online.
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.
Your EIN confirmation letter does show LLC ownership. This is a document sent directly from the IRS (Internal Revenue Service). It will show your EIN, LLC name and the member of the LLC who is the authorized responsible member!
Pennsylvania does not require an operating agreement in order to form an LLC, but executing one is highly advisable.
To make amendments to your limited liability company in Pennsylvania, you must provide the completed Certificate of Amendment-Domestic Limited Liability Company (DSCB: 15-8512/8951) form to the Department of State Corporation Bureau by mail, in person, or online.
A Statement of Organizer is a document that states the initial members or managers of an LLC. The authorized person/organizer at IncNow prepares this document. While the Operating Agreement should be sufficient proof of ownership, some banks require further assurance.
If the member you are removing is also your Responsible Party, you will need to name a new Responsible Party and file the correct form with the IRS. The form you will use to change your Responsible Party is Form 8822-B, and you will need to file this form within 60 days of the membership change.