Many entrepreneurs complain that opening our 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 completion of an enterprise is no less difficult from a legal point of view.
Liquidation of an organization is ... Definition and types of liquidation
Sometimes, for some reason, the owners wish to terminate their company. Perhaps she did not live up to their expectations or ceased to bring the desired profit. In this case, liquidation is a voluntary procedure upon completion of the organization. At the same time, it is not planned to transfer rights to continue work to third parties.
However, a similar procedure can be carried out in a forced manner. This is possible if an appropriate court decision is made. Usually the forced termination of an organization’s activities is carried out when it conducts illegal activities, makes serious mistakes during registration or when it has unsolvable financial problems.
According to the civil code, liquidation is the termination of a legal entity without transferring to a third party its rights or obligations. The procedure for its implementation is described in Articles 61 to 64 of the Civil Code.
Liquidation procedure
Usually, the decision on the voluntary completion of activities is made in a few months, since liquidation is a complex procedure, during which it is necessary to take into account many nuances, so that later there will be no problems. It will take several steps to close the company.
- General meeting at which the corresponding decision is made. At the same time, a liquidation commission is appointed and the terms are agreed.
- Notification of registration authorities (tax inspection) about the decision made at the meeting. This is given 3 days.
- Also, a three-day period will be required to notify the Pension Fund and the Social Insurance Fund in writing.
- Placing an announcement in the official press. It is necessary for lenders to be able to demand repayment of debts in a timely manner.
- In addition to publication in paper editions, creditors must be notified separately in writing.
- Notification of company employees. It is carried out at least two months before the planned dismissal.
In addition to the above actions, the organization will have to carry out many other activities. Among them:
- inventory of property and making decisions on its possible implementation;
- reconciliation of settlements with extrabudgetary funds, the tax authority and payment of taxes;
- valuation of receivables in order to collect it;
- valuation of accounts payable and decision-making on each debt;
- conducting an on-site tax audit;
- drawing up an interim liquidation balance sheet and so on.
This short list shows how long and complicated the elimination can be. The consequences of improper carrying it out can be avoided by contacting specialized companies that help in carrying out this procedure.
Final actions
The company is considered closed after the relevant entries are made to the USRLE. After this, the liquidation commission is obliged to transfer 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, elimination is a really long process.