How does a person terminate their position in an LLC?

[H5N1]

[supernova]

1. Consult the laywer who drew up the LLC papers

[H5N1]

3. No papers were drawn up.

The LLC corporate number was obtained directly
from the State website.

[slackmaster]

2. Depends on what the articles of incorporation say

There should be a procedure specified in the articles.

[northernsoul]

4. are you an officer or a shareholder?

If you're an officer, a letter of resignation might do the trick.

If you own the shares, sell them or transfer them to another owner.

Talk to an attorney if necessary.

[H5N1]

6. I am not directly a part of this mess

This LLC has a number but no corporate papers drawn up.

[sui generis]

5. are you a managing member?

Generally you have to sell your nominal interest to the remaining members of the corporation. You probably had to declare or were assigned a number of shares in the corporation. You may also be required to file an update with the state in which the LLC is drawn - and all other signatory members must agree to your departure and terms in writing and filed of record with the company's general auditable business.

You really should get a lawyer for this - you want indemnification and "hold harmless" language in your departure agreement and to make sure all legal requirements are met.

If there are financial problems with the LLC right now, the limited liability "veil" can easily be pierced by creditors and/or IRS to come after you personally if you haven't gotten everything in order on the way out the door.

[H5N1]

7. Not mine at all. Papers have not been drawn up yet.

She is broke and cannot afford an attorney for this.
Seems to me they should be able to write up the corporate agreement
and just leave her out of it.
Shares were never numbered or assigned.

[sui generis]

9. if she's not a "manager"

responsible for the policies and leadership of the company, a resignation letter will do. If she doesn't have a profit sharing agreement or stock, she probably doesn't have anything to worry about.

Just draft a duplicate resignation letter with two signatures - a signature from a company representative acknowledging that she has resigned, and her own signature and date.

[H5N1]

8. I appreciate all the advice. I think I can help this woman now.