Legal Question in Business Law in New Jersey

Assuming you are talking about removing a member from a NJ LLC, the form can be found here: http://www.state.nj.us/treasury/revenue/dcr/pdforms/l102.pdf. The fee is $100. I am also assuming this member is agreeing to be removed, otherwise you the process becomes more complicated.

As the other attorney mentions, removing a member from an LLC is only routine if he or she agrees with the removal. You can also consult the LLC's operating agreement to see how it deals with these situations. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

It is not simply a matter of filing a magic form to resolve the issue. Normally there should be an agreement between the 2 members of the LLC as well as a release and related documents. If it is a 2 member LLC and one member leaves, it moves from being a partnership for federal and state tax purposes to a sole proprietorship. That means that a part year 1065 has to be filed and a schedule C. on your 1040 for the remainder of the year.

Obviously, you need a good tax and business attorney to represent you and to make sure the matter is done correctly.

I hope this helps!

Ronald J. Cappuccio

www.TaxEsq.com