2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Approval of the interim liquidation balance sheet (ILB) - a signal of the transition to the final phase of liquidation. There is no need to touch upon banks and budgetary organizations - each of their steps is provided for by the regulations. In our article, we will detail how the approval of the PLB in private and non-profit companies should take place. We will also provide a sample decision to approve the interim liquidation balance sheet of an LLC. We will give samples of other documents on this topic.
Why is the PLB approved
So, the company decided to liquidate. This was reported in the State Registration Bulletin. Be sure to save the facts of the publication! They will be documents of payment to the magazine for printing and its copy with the announcement.
From the date of publication of the announcement, the countdown of two months (standard) starts, for which creditors must have time to present invoices. The liquidators of the company are at the same time working on their part to find them. They also identify debtors and diligently collect debts.
Correspondence is going on in a tense, hard mode and correspondence should always be at hand. We advise you to register and store the original letters of this period of time separately from all other papers - this will reduce the likelihood of loss and save your nerves. For work, use photocopies. And for convenience, group them by counterparties.
And now, two months have passed. All scores are up. A preliminary check was made of the availability of all property and finances. It's time to put all these numbers together. For this, the PLB is created. The meaning is:
- Firstly, identify the exact number of creditors, and assign to each the priority of debt payment, as required by law;
- secondly, to determine in monetary terms the property that the society has.
There is no unified form for PLB. To build it, they usually take the form of a balance sheet. After the PLB it will be possible to draw one of the following conclusions:
- The company is liquidated immediately after the full repayment of debts.
- The society will need to sell property and replenish funds to pay off debts.
- The company will be declared bankrupt.
Therefore, the process of preparing data, compiling, reviewing and approving the BPL should be taken seriously. It is logical when persons from the liquidation commission are engaged in the preparation of data. But usually they doaccounting workers. Moreover, accounting work will take most of the time - all kinds of reconciliations with bilateral signing of acts, the search for a confirming "primary", the elimination of discrepancies with counterparty credentials, if any.
The finished document is submitted for consideration to the owners or the liquidator. We will describe these situations and give a sample decision to approve an interim liquidation balance sheet.
PLB approved by owner
If the company has one founder, then he will approve the PLB by his sole decision. It is made in writing and registered as it should be. Here is a sample decision on the approval of the interim liquidation balance sheet by the sole participant:
Limited Liability Company "----------"
SOLUTION_
of the sole participant of LLC "----------" on approval of the interim liquidation balance sheet
"_" _ 20_
I, full name (passport details, place of permanent registration), being the only member of LLC "----------"
SOLVED:
Approve the interim liquidation balance sheet of LLC "----------"
Appendix 1:
Interim liquidation balance sheet of "-----------" LLC on (in numbers and words) sheets.
The sole participant of "---------" LLC: signature, full name
PLB approves the minutes of the general meeting of founders
Ifthere are several founders of the company, then they are all gathered together. They must be called according to the rules. Everyone must be present. Otherwise, the eligibility of their collection will be lost.
Everyone concerned is interested in the fact that the PLB was approved immediately, by one vote. Therefore, we advise you to give each participant a draft balance sheet with an explanatory note in advance. If there are controversial points, then there will be an opportunity to discuss and come to a common opinion.
So, all the participants got together and the PLB was approved unanimously. This needs to be logged. Here is a sample protocol on the approval of the interim liquidation balance sheet of an LLC:
Limited Liability Company "----------"
PROTOCOL _
of the general meeting of participants of LLC "------------"
"_" _ 20_
Form of holding an extraordinary general meeting: joint attendance.
Date of the General Meeting: "_" _ 20_
Place of the general meeting: _ (address).
Registration start time: _ hr _ min
Registration end time: _ hours _ minutes
Start time of the general meeting: _ h. _ min.
Completion time of the general meeting: _ h. _ min.
Total number of members of the Society: 2.
PRESENT:
- - Full name, passport details, place of permanent registration,
- - Full name, passport details, place of permanent registration.
Total participants: 2. There is a quorum for making a decision on the agenda. Meetingeligible.
Chairman of the meeting: Full name
Meeting Secretary: Full name
AGENDA:
Approval of the interim liquidation balance sheet of "----" LLC
LISTENED:
On the issue of the agenda, the following spoke: Full name, with a proposal to approve the interim liquidation balance sheet of LLC "-----"
VOTE: “for” – unanimously; "against" - no; “abstained” – no.
SOLUTION:
Approve the interim liquidation balance sheet of "-----" LLC
Application:
1) Interim liquidation balance sheet of "-----" LLC on (in numbers, words) sheets.
Chairman of the meeting: signature, full name
Meeting Secretary: signature, full name
The same PLB approval procedure exists for non-profit organizations (NPOs). The content of the protocol on approval of the NCO's interim liquidation balance sheet will be similar to the content of the previous example of the protocol. All members of the NPO must meet and unanimously approve the PLB.
PLB approves liquidator
In general, the liquidator is the liquidation commission. Any employee of the company, up to the director, can enter it. Her actions to approve the PLB are similar to the actions of the members of the LLC brought together. At the same time, the meeting is changed to an extraordinary meeting, and the members of the liquidation commission will take the places of the company's participants.
The decision to approve the interim liquidation balance sheet by the liquidator will take the form of minutes of the meeting. Here is a sample of it:
PROTOCOL _
extraordinary meeting of the liquidation commission of LLC "-------------"
"_" _ 20_
Date of Extraordinary Meeting: "_" _ 20_
Place of the extraordinary meeting: _ (address).
PRESENT:
Commission Chairman Full name, position.
Commission members:
- Full name, position,
- Full name, position.
AGENDA:
Approval of the interim liquidation balance sheet of "-----" LLC
LISTENED:
On the issue of the agenda, the following spoke: Full name, position with a proposal to approve the interim liquidation balance sheet of LLC "------"
VOTE: “for” – unanimously; "against" - no; “abstained” – no.
SOLUTION:
Approve the interim liquidation balance sheet of ---------- LLC
Application:
1) Interim liquidation balance sheet of "----------" LLC on (in numbers, words) sheets.
Chairman of the liquidation commission: signature, full name
Members of the liquidation commission: signature, full name
Approval of PLB in bankruptcy
Above, the actions of a voluntarily liquidated company were considered and examples of decisions on the approval of an interim liquidation balance sheet were given. But in recent years, liquidation through bankruptcy has become increasingly popular. Unfortunately, this was facilitated by the state of the economy in the state.
The question is, who then is entrusted by law with the right to approve the PLB?
Answer: arbitration or bankruptcy trustee.
It is not necessary to draw up a separate document for the approval of the PLB. The signature of the arbitration or bankruptcy trustee under the balance sheet will be enough.
Term for issuing a decision on the approval of the PLB
There is no exact deadline for the approval of the PLB in the legislation. Therefore, if there is a goal to liquidate society in a short time, then you need to act on the principle, the sooner the better. Because, without an approved PLB, there is no way to go to complete liquidation.
However, there are restrictions that prevent the approval of the PLB in an arbitrary period from the moment when those same standard two months have passed (we talked about them at the beginning of this article).
Namely, the PLB cannot be approved if:
- There is an unfinished case in the court proceedings on a lawsuit against a liquidated company.
- Any documentary check of tax or customs authorities is underway, or the decision on them has not yet entered into force.
If there are no such obstacles, then the PLB can be drawn up and approved on any day following two months from the date of the announcement of liquidation.
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