How to check an LLC for court cases, for debts? Checking the counterparty by TIN

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Everyone who has his own business, one day faced with the desire to expand the existing business. A popular method of achieving this goal is to acquire an existing LLC. This is convenient, since the procedures for registering a new legal entity in this case have already been completed, and this frees up time to deal with many other organizational and equally important issues.

Risks when buying LLC

At the same time, this type of deal involves some economic risk. So, the counterparty may have debts to pay for any goods or even tax debts. Such a situation may arise as a result of transactions without prepayments when VAT is charged. Such problems are not beneficial for the company, since, in accordance with the law, the debts of the enterprise are transferred entirely to new owners, regardless of who originally owned it. This leads to the question of how to check an LLC on all fronts - both for existence and the degree of security of the purchase. This article will cover the basic methods of how to check an LLC before buying.

Why check taxes and debtscounterparty by TIN or other details?

At any transaction planned by the enterprise there is a thorough analysis of the prospective business partner by lawyers. Before you check the LLC, you need to make sure that the partner's position is stable, which is confirmed by the collection of all kinds of data on the organization, including data on debts. The collection and analysis of this data allows you to assess the sustainability of an existing business that will pass into new hands.

According to the information and the available history, which turns out in the course of these actions, we can draw a lot of conclusions about how the counterparty is doing business. Here it is important to perform even such banal actions as checking whether an LLC is registered. Any problems that arise during these numerous checks may be a sign of bad faith. Detecting this unfavorable factor at an early stage will save a lot of time and effort to the verifying party and protect against failed transactions and unreasonable monetary losses. There is nothing more important than checking the activities of an LLC for suspicious transactions.

What debts should an LLC be checked for?

1. Tax debts to the budget.
2. Off-budget debt. Since the enterprise is an employer, contributions to the pension fund, social and medical insurance fund are a prerequisite for its activities. Often the debt on these items becomes very serious.
3. Loan obligation. It is possible that the enterprise has yet to be registeredoutstanding loan.
4. Debt under a civil law contract. This is a financial liability that has been retained by the business through various past transactions.
5. Wage debts. It often happens that an enterprise delays payments to its employees, which also gives rise to debt obligations.
6. Debt.

How to find out the debt of LLC?

This will depend on the type of debt. It is most important to check the most receivable type of debt. This is due to the fact that most enterprises ship goods without prepayments. It is important to consider that the procedure for checking IP in this case is different.

How to check an LLC company for various types of debts is given below.

Tax check

Before you check the LLC's tax debt, you need to find out the company's TIN. The tax debt is recognized using the TIN, the procedure is quite simple. All you need is access to the Internet and the TIN of the enterprise. The check is carried out on the official website of the federal tax service. There, to check the counterparty by TIN, you just need to enter the TIN itself and click on "search".

Next, the site displays all information on debts of this kind associated with this TIN. The past tax period is covered, in the absence of debts, the site displays a message about this. The message that the company did not provide the required reporting with existing debts will be alarming.

Despite all the convenience implemented on this sitesystem, at the moment it is only a test mode aimed at enterprises that have not submitted reports for a year or more.

The site has provided an opportunity to check the calculations and the budget in both short and detailed forms. At the same time, changes in a certain period are also taken into account.

Checking the counterparty by TIN for debt obligations of this type is carried out through the unified state register of legal entities (EGRLE). The certificate of the Unified State Register of Legal Entities, which is received there, also contains information on tax registration. With the help of the same document, the identity of the real owner or authorized person is verified. For clarity, a sample of this particular type of certificate is presented above.

Off-budget debt

Starting from the summer of 2017, several methods have appeared on how to check an LLC for debts of this type. A check for debt to an off-budget fund can be carried out by contacting the tax office in writing, as well as using a specialized electronic reporting service. The Tax Inspectorate has data on existing debts, covering even the earliest periods. In cases where a disagreement is found with them, they are verified with the territorial offices in the Pension Fund, the Social Insurance Fund, and the Medical Insurance Fund. To reconcile the insurance payment in the FSS against an industrial accident, they immediately contact the fund's branches.

Credit debts

Before you check the LLC for credit debts,You must contact the Credit Bureau. This bureau is freely available on the official website of the Central Bank of the Russian Federation.

However, to access the data itself, which the site has, you will need to provide a special additional code of the subject of credit histories. It will be provided by the subject himself, the enterprise in question.

Data of this type is transmitted everywhere, there is nothing risky in this, except in cases where the enterprise has unseemly facts in its history, hiding which it refuses to transfer the mentioned code. Upon receipt of the data of this code, it is entered on the official website of the Central Bank, after which it displays all the requested information.

This type of check is also called credit history monitoring. Attached is a sample credit report.

Debts related to a civil law contract

Here begins the first difficulty in the search for truth. A complete database of debts of this type has not yet been implemented, which makes it difficult to obtain information, but does not make it impossible. How to check LLC for this debt?

To search for debts of this type, you will need to interact with the head of the enterprise. It is the LLC accountants who will provide information on valid contracts, on the accounting register, on the statement of charges. You should talk to the employees of the enterprise to obtain accurate data. This is done because a good accountant has enough knowledge to hide from newbusiness owners have some of the most important information, but employees do not need to hide this data.

How to check an LLC for legal cases?

As an additional measure, a written request can be made to the local bailiff service. This will check the facility for legal burdens not currently resolved.

The official website of the arbitration court will also help here. Such resources always provide information collected in databases on court proceedings with the participation of the LLC. Here you can get acquainted with the decisions on the application to the enterprise of a wide variety of sanctions, financial pen alties associated with a civil law transaction. All that is needed to open access to this information is to know the TIN of the enterprise and its official exact name.

How to check LLC through business reference?

All reports from official government sites are combined in this type of help. Here and data on pledges, and on the number of employees in the state, on revenue, founders, co-owners of the enterprise. It is this document that shows the financial statements, identifies the most important indicators and saves the customer a lot of time and effort. It is usually ordered from intermediaries.

What else to look for when checking an LLC?

When collecting data about the organization for the purpose of checking for debts, it is recommended to pay attention to the possibility of problems with the future owner in the future. In addition to how to check an LLC for debts, it is necessaryalso pay attention to some details. History knows many cases of the existence of one-day enterprises created for the sole purpose of carrying out illegal operations or transactions. After these dishonest operations, these firms are put up for sale. In order to avoid buying an organization with such a fate, it is recommended to analyze everyone with whom the legal entity has ever cooperated. An alarming factor here will be a small number of counterparties with a suspiciously large volume of transactions. You should definitely pay close attention to this. It can also be extremely suspicious that within a certain period of time after interacting with the company being checked, counterparties went bankrupt, declared bankrupt.

When finding out the debts of an LLC, you should make sure that there is no possibility of additional debts. It is necessary to play it safe twice, so that in the end you will not find unreasonable problems for yourself by purchasing a suspicious enterprise, which will turn out to be a “one-day firm”. In order to check the company, you should keep a list of everyone with whom transactions were made, to whom money was transferred. Then you need to submit a request to the Unified State Register of Legal Entities regarding counterparties and call the received phone numbers, make sure that these organizations are real, their state for bankruptcy. Such companies may also be at the stage of liquidation, which will also not be in favor of the inspected. If these points are missed, and it turns out that the history of the company contains similarcases of interaction, this will most likely result in fines and accrual of income taxes when audited by the Federal Tax Service.

At the moment, there are a large number of services that specialize in this kind of checks. They allow you to see all the information about the LLC of interest, without contacting any additional services. The entire collection of information on all fronts falls on the shoulders of the service staff.