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Due to various reasons, you may need the closure of the company. To liquidate the firm, must undergo a formal procedure of liquidation of firms.
Liquidation – the process of termination of activities of a legal entity, not involving the transfer of rights and obligations to another legal entity.
knowledge of the nuances and "pitfalls" of all stages of the liquidation of the company;
experience with government agencies;
many years of experience in liquidation of companies;
support of procedure of liquidation of the company "turnkey" or a specific stage.
Enterprise liquidation is a procedure in which data about a legal entity as an economic entity, is excluded from the Unified state register, the legal entity is removed from the account in tax and other government bodies, all rights and obligations of the legal entity terminated and transferred to third parties. The liquidation procedure ends when in the Public registry, a check mark appears on the termination of activity of the subject.
To close a company in a voluntary order, and force. In the first case, the founders decide on the termination of activity of the enterprise. In the second case, the liquidation of the company occurs on the basis of a court decision, if the subject violation of the law or he is declared bankrupt.
According to the Ukrainian legislation provides for several ways for which there is a liquidation of enterprises in Ukraine. And depending on the reasons why there is the cessation of activities of the company, you can choose the most optimal way.
This may be the reorganization of the company, sale of corporate rights. Or, for example, if the company has problems with creditors, there are outstanding debts and no ability to repay them, it is likely that in this case the most appropriate way for the owner will be the bankruptcy of legal entities. In this procedure the court declares the enterprise bankrupt, and debts are repaid to the extent possible.
Let's dwell on the procedure.
It should be noted that the bankruptcy of the enterprise may occur at the initiative of the founders or authorized by them persons, and upon application by creditors or the regulatory authorities.
In the first case, after the founders decided to liquidate the company, the liquidation Committee established or authorized person (the liquidator) to apply to the economic court with the corresponding statement on the recognition of the company bankrupt.
In the implementation of bankruptcy the necessary condition is a holding company inspections by regulatory authorities to confirm the status of the bankrupt. If this status is confirmed, the court declares the enterprise bankrupt and on the basis of this State the register the relevant mark on the termination of activity of legal entities.
What is the General procedure of liquidation of legal entity, regardless of ways? Where it all begins?
It all starts with the adoption at the General meeting of founders of the decision on liquidation of the legal entity. Note that at this meeting the decision on liquidation is needed the vote of the majority of shareholders, and shall attend at least 60% of the founders. After the decision on the termination of a legal entity, it creates a special liquidation Commission, which is entrusted with all duties, including on carrying out of procedure of liquidation.
The next step would be notified of the decision of the state Registrar. Under the notice refers to the preparation and direction of the state Registrar a written statement on the elimination and other necessary for the implementation of this procedure document. All details, documents and stages in the liquidation of the SPD can tell the experienced lawyers at the consultation.
After providing all documents in special media published information on the disposition of the subject. From this point is given 2 months to creditors and other interested persons to submit their claims for reimbursement of debt. Happens, in fact, the settlement with creditors.
Also at this stage of the liquidated enterprise is removed from the register in the tax, pension Fund and other bodies. For deregistration regulatory authorities conduct enterprise assessments. The result of passing such inspections certificates from the relevant authorities.
When all previous stages completed successfully, the liquidation Commission or the authorised person provides to the state Registrar the documents about passing these stages. On the basis of these documents in the register the mark about the termination of activity of legal entity.
These are the main stages of the closure of the facility. However, the procedure contains many nuances and details that complicate and prolong it. Therefore, separate through all stages – a relatively rare occurrence. Mainly for the liquidation of the company founders are turning to professional law firms. They are familiar with this procedure, they have a lot of experience with representatives of government agencies. This greatly speeds up and simplifies the process of liquidation.