Legal Question in Business Law in New Jersey
I formed an LLC with a friend and no longer want to be part of it. I live in NJ and was told that I can simply resign as a member/officer and file an amendment with the state, but there was a large fee to do so. Is this something I can do myself?
4 Answers from Attorneys
Unless the Operating Agreement says otherwise, a member can resign from an LLC upon giving six month's notice in writing to the LLC at its registered address. See NJSA 42:2B-38. /p/ See also: http://info.corbettlaw.net/lawguru.htm
The other attorney is right on point here. The key is a careful reading of the Operating Agreement to see if it varies the statute at all for members who resign. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
The big problem is not resigning and getting out. The big problem is making sure that no one comes after you to pay the bills of the LLC. Call me if you want some assistance on this.
I agree with the other authors, and caution you that if there are unpaid bills, taxes, etc., a mere resignation, even if done properly, might not relieve you of possible liabilities. More facts are needed on what the LLC did, what expenses and obligations were incurred, how they might have been signed for (personally or just LLC), etc.
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