Disolveing a LLC, with complications...

State is South Dakota.

I am a member of a LLC with two other members. We made the LLC via Legal Zoom. We were never able to create the operating agreement since one of the members left to take care of some personal business. The plan was to get that done after he returned.

It has been two months now. We have been unable to get in contact with this member as he as basically fallen off the face of the planet. No contact via either cell phones, email, or Facebook. Cant contact his wife who remains here, last we knew.

Me and the other member are not sure if he is even alive. We are just not sure and very worried about him both personally and business. We basically want to protect ourselves should we work our butts off and create a $xx value business then he comes back after doing no work asking for money since currently he is entitled to it. Business is Business though. He also owes the company money.

What can me and the other partner do to dissolve and/or create a new company? This is very new and we would prefer not to contact a lawyer as we would prefer to grow the company for now but could if needed. I just need general information and I could go from there. Any help would be AWESOME though!!!

Thanks!

You're free to create a new company. Dissolution of the old one is going to take more effort than creating it did, I'm afraid. You're going to have to wind up all the (potentially) existent activities and prepare and file an articles of dissolution with the state.

It would behoove you to not go willy nilly creating corporations without legal assistance as to the implications (as you seem to already have learned once).
What makes you think you needed an LLC in the first place?