Due to constant changes in the market, often one has to cease to exist, while others have to adapt. One type of “survival” is reorganization through accession. Undoubtedly, many are wondering whether this is really the end for the company or a new, general beginning.
Each affiliation of a legal entity, be it a huge corporation or an equal company in terms of turnover, is unique. It is important to understand that in the process of
reorganization, the company continues to exist and, quite likely, can increase its working capital. Liquidation is the complete termination of a legal entity.
Although in such cases the formation of a new company does not take place, nevertheless, careful work is carried out with the documentation - everything must be legally confirmed. Only after the incorporation of one of the firms is entered into the USRLE, the procedure can be considered completed. It should be noted that reorganization by means of merger is quite often carried out under the supervision of the FAS, and in some cases you may be asked to obtain approval before you create a single company.
It is important to know that the
liquidation of the LLC, the merger and other issues that could seriously affect the fate of the organization are discussed only at meetings of shareholders or founders. Only a unanimous decision of all members of the company on the question raised can trigger the beginning of the whole process.
If during the discussion some founders are absent or vote against the decision, then they have the right to demand the redemption of their shares or shares by other members of the company. Reorganization through merger is divided into several stages, the first of which is the valuation of the company's property and its assets. The next step is to sign an agreement on the procedure and conditions for the merger of two or more firms. Joint-stock companies conduct additional conversion of shares.
The third stage begins after the decision is made and lasts no more than three days. During this time, you are obliged to notify the tax authorities and lenders and officially publish your decision in print. When the assets do not exceed 100,000 minimum wages, it is enough to send the same notice to the antimonopoly committee. But if the level exceeds the established level, then from FAS you are required to obtain approval for the merger. Reorganization by joining
It is considered completed when all changes are documented, and the USRLE records that one of the firms joined the other.
As you can see, the process is quite complicated and requires not only careful study, but also knowledge of all the subtleties. Today, there are many qualified firms that are ready to assist you in this matter. You and your employees will be removed the burden of responsibility for the preparation of documents, organize a general meeting, draw up an act of transfer, conduct an inventory and independently perform the remaining registration and merger procedures.