How do i remove my name from a partnership business with my husband.

Asked over 3 years ago - Allentown, PA

My husband registered a business on both of our names, therefore we have equal partnership. I never signed any documents agreeing to be a part of the business. The official registration documents has both our names. How is this possible? How can I remove my name from this? It is a LLC company.

Attorney answers (3)

  1. Zachary Zawarski

    Pro

    Contributor Level 9

    Answered . If you filed an LLC in Pennsylvania, on the Articles of Incorporation (the registration form), all the organizers must sign. You never signed as an organizer of the business? If you did not sign, you would not have to file anything with the Pennsylvania Department of State and the ownership interest would be addressed in the Operating Agreement, which you would amend to leave the LLC.

    Zachary Zawarski
    www.zawarskilaw.com

  2. Joshua Matthew Marks

    Contributor Level 9

    Answered . I think it would be wise to have your documents reviewed to make sure that you are interpreting them correctly. There is a difference between merely being the organizer/incorporator of an entity vs. being an owner/member of an LLC. Also, are you correct when you state that you and your husband are equal owners? What are you relying upon to state that? Is there an operating agreement?

    These are questions that should be discussed with an attorney before deciding what your course of action should be.

    Nothing in this response is intended as legal advice nor should it be construed as creating an attorney-client relationship between us. This response is for informational purposes only.

  3. Steven Alan Fink

    Contributor Level 20

    Answered . The LLC Operating Agreement should provide for a method of terminating your ownership. If H is willing you can always sell your interest to him for a token amount.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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