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What makes the resignation of a member of a NY LLC official?

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I have an LLC in New York and the other member resigned in writing per our operations agreement and said that she would file the proper paperwork with the state. Now she is saying that she did not do that but I have been acting under the assumption that I was the sole officer of the LLC. Does she need to file the paperwork with NY before her resignation is legal or does her written resignation officially remove her as a member of the LLC?

Attorney Answer

1
Peter Jay WilkeSecurities Offerings LawyerVenice, CA ·
The Operating Agreement contains the procedure for member resignation. If the procedure is followed properly, then the resignation is final. Usually, the LLC paperwork filed with the state contains the name of one member or manager as well as the agent for service of process. If the registered agent or manager has changed, notice should be filed with the state. Let me suggest a company by the name of Parasec, that I use all the time, to handle this for you (if you don't have an attorney handy). Just google them for contact info. This response is for general purposes only, is not legal advice and does not constitute an attorney client relationship with the questioner.
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