Legal Question in Business Law in California

LLC CEO Removal

I am the CEO and Agent for Service of Process of a LLC. I have sent a resignation letter to the owner, June 08, which is the managing member on the LLC. He refuses to send in the paperwork to remove me. What can I do to remove myself from the state paperwork? The LLC is now defunct.


Asked on 11/04/08, 5:20 pm

1 Answer from Attorneys
Manuel Rodriguez Rodriguez & Rodriguez Law Firm P.C.

Re: LLC CEO Removal

Hello,

an Agent for Service of process can resign by summiting form RA-100 to the CA Secretary of State on their own behalf.

The form is located at:

http://www.sos.ca.gov/business/pdf/ra100.pdf

The removal of the CEO's name is accomplished by filing a revised statement of information, form LLC-12. However, this form should be submitted by a current manager or officer of the LLC. The LLC is required to file this statement annually OR if the Agent for Service of Process Changes.

Once you resign as Agent, the LLC would be legally obligated to submit an updated form LLC-12. It is unlikely that the managers would list you as their current CEO in the updated form since they are certifying that the information they provide is correct. I would notify the LLC of your resignation as Agent and advise them of their responsibility to file an updated Statement of Information.

Regards,

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Answered on 11/04/08, 6:42 pm


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