2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Many entrepreneurs complain that opening their own business with us is a very complicated, long and dreary procedure, because you have to visit many instances and spend a lot of time. It is disappointing that the termination of the enterprise is no less difficult procedure from a legal point of view.
Liquidation of an organization is… Definition and types of liquidation
Sometimes, for whatever reason, owners want to shut down their firm. Perhaps it did not live up to their expectations or ceased to bring the desired profit. In this case, liquidation is a voluntary procedure at the end of the organization's activities. At the same time, it is not planned to transfer the rights to continue working to third parties.
However, such a procedure can be carried out by force. This is possible if the relevant court decision is made. Usually forced termination of an organization is carried out when it conducts illegal activities, when it makes serious mistakes during registration, or when it has irresolvable financial problems.
According to the civil code, liquidation istermination of the activities of a legal entity without transferring its rights or obligations to third parties. The procedure for its implementation is described in articles 61 to 64 of the Civil Code of the Russian Federation.
Liquidation order
Usually, the decision to voluntarily close an activity is made several months in advance, since liquidation is a complex procedure, during which many nuances must be taken into account so that there are no problems later. It will take several steps to close the company.
- General meeting where the relevant decision is made. At the same time, a liquidation commission is appointed and terms are agreed upon.
- Notification of the registration authorities (tax office) about the decision taken at the meeting. 3 days are given for this.
- Also, within three days, you will need to notify the Pension Fund and the Social Insurance Fund in writing.
- Placement of an announcement in the official press. It is necessary for creditors to be able to demand the return of debts in a timely manner.
- In addition to publication in paper editions, creditors must be notified separately in writing.
- Notice company employees. Takes place at least two months prior to scheduled layoffs.
In addition to the above actions, the organization has many other activities to be carried out. Among them:
- inventory of property and making a decision on its possible sale;
- reconciliation of settlements with off-budget funds, tax authority and payment of taxes;
- evaluationaccounts receivable for collection;
- assessing accounts payable and making a decision on each debt;
- field tax audit;
- drawing up an interim liquidation balance sheet, etc.
This abbreviated list shows just how long and complicated a liquidation can be. The consequences of its incorrect implementation can be avoided by contacting specialized companies that help in carrying out this procedure.
Final steps
The company is considered closed after the relevant entries are made in the Unified State Register of Legal Entities. After that, the liquidation commission is obliged to transfer the documents to the archive, violation of this rule may lead to a fine. It is also necessary to destroy the seal. As you can see, liquidation is a really long process.
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