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CalAttorney2
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Category: Business Law
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Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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My boyfriend and I started an LLC together earlier this year

Customer Question

My boyfriend and I started an LLC together earlier this year in South Carolina with both of our names on the Articles of Organization. A few days ago he verbally expressed his wish to leave the LLC as he has not been participating in the day to day operations and wants to pursue other interests.
What documents do I need for a permanent withdraw and what do I need to file with the SOS?
(We do not currently have an operating agreement in place.)
Thanks in advance!
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

You will need to file this document: http://www.sos.sc.gov/forms/LLC/Domestic/MembersStatementofDissociation.pdf with the Secretary of State.

(The SC Secretary of State has a very helpful forms library here: http://www.scsos.com/Library_of_Forms_and_Fees#Limited Liability Companies - Domestic).

Regarding a formal dissolution for your organization, I really would encourage you to speak with a local attorney. An LLC without an operating agreement is only making fractional use of the benefits available to it, and you are stuck with the default rules for operating your business. In addition, you will want to have a brief document (it can be as short as a single paragraph) memorializing your boyfriend's withdrawal from the LLC as a member to maintain it in your business records.

You can find local business attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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