How do I take my name off an LLC?

Dissolution is usually best accomplished when done in accord with the LLC operating agreement. If you do not have one (bad idea) then the laws of Ohio will govern the dissolution. That needs to be done through the courts. Litigation is very expensive so it behooves you two to negotiate a settlement and then dissolve. If you have no operating agreement for the LLC, my advise is to retain a lawyer IMMEDIATELY before this spirals out of control into an expensive dispute.

While an LLC provides protection for you and your assets, it is important that when you want to leave the company that you withdraw so that your membership and any liability will end. Under Ohio law there are a couple of ways for you to withdraw from the LLC. If you have an operating agreement, then it will hopefully describe the procedure you need to follow to withdraw. Once you have followed the specified procedure and you have been paid for your interest (or have paid your share of losses if you are running in the red), then your membership interest has terminated and you are out of the LLC. If you don't have an operating agreement or if the agreement does not give you a procedure to withdraw, then you will follow the default state procedure. The state law allows you to withdraw simply by giving written notice to the other members of the company - in this case, your brother. Once you have withdrawn from the LLC, your brother will need to update the company's records to show that you are no longer a member. That is generally all that is required for you to leave the LLC. However, there might be other things out there with your name on it you will want to get removed. For instance, if when you registered the LLC you were listed as the statutory agent (if you don't remember, you can go to the Secretary of State's website at the link below and do a search for your LLC and it will show the current agent), your brother will need to update it with another agent (unless you are willing to remain the statutory agent). If you are still unsure of what you have to do or want to make sure it is done properly, you should talk to a business lawyer. He or she can help explain the process you will need or can take the necessary steps for you. If you have any further questions or would like to discuss your situation in more detail, feel free to contact me.

It may be as simple as assigning your interest in the LLC to your brother. If you and your brother are the only owners and if you are currently taxed as a partnership, then your departure will terminate the partnership and your brother will be left with a single-member LLC that by default will be taxed as a sole proprietorship.