To split ownership interest in an LLC, you will need to draft an LLC operating agreement. This operating agreement document will outline how profits and losses are divided among members and other controlling provisions such as voting rights and management structure.
To officially remove his name from the LLC, you may need to file an amendment to the Articles of Organization with the New York Department of State, indicating the change in membership. This filing should reflect the current status of the LLC's members.
Removing a Member from a Limited Liability Company A well-drafted Operating Agreement and Articles of Organization will include provisions for removing a member. Removal may be as simple as the member submitting a letter of resignation, depending on the relevant provisions.
A member of an LLC can be removed only through a written notice of withdrawal. An LLC only negates the need for a notice of withdrawal with an operating agreement or organization articles describing how members can vote others out.
(b) Except as stated in paragraph (d), a lawyer shall withdraw from the representation of a client when: (1) the lawyer knows or reasonably should know that the representation will result in a violation of these Rules or of law; (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to ...
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
Motions may be withdrawn by the filing of a “Notice of Withdrawal” with the Court at least two (2) court days before a scheduled hearing. A proposed order need not be filed in connection with such a notice.
The Chair takes a vote on the Request for Permission to Withdraw a Motion. If a majority of those present and voting are in favor of withdrawing the motion, then it is withdrawn.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.