The approval of the interim liquidation balance sheet (PSB) is a signal of the transition to the final phase of liquidation. Banks and budgetary organizations are not necessary to touch upon - each step is stipulated by the regulations. In our article, we will talk in detail about how the approval of SSBs in private and non-profit companies should take place. We also provide a sample decision on the approval of the interim liquidation balance of the LLC. We will give samples of other documents on this topic.
Why is the PLC approved?
So, the society decided to liquidate. This was reported in the "Bulletin of state registration." Be sure to keep the publication facts! 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 bills. Specialists involved in the liquidation of the company at the same time act on their part to find them. They identify debtors and carefully collect debts.
Correspondence is in a tense, tough 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. Use photocopies for work. And for convenience, group them by counterparties.
And so, two months have passed. Lost all the results. A preliminary check has been made of the availability of all property and finances. It is time to combine all these numbers. For this, a submarine is created. The meaning is:
- firstly, to identify the exact number of creditors, and to assign to each priority the payment of debt, as required by law;
- secondly, to determine in monetary terms the property available to society.
There is no uniform form for submarines. To build it usually take the form of a balance sheet. After the PLB, one of the conclusions can be made:
- The company is liquidated immediately after full repayment of debts.
- The company will need to sell property and replenish funds to pay debts.
- The company will be declared bankrupt.
Therefore, the process of preparing the data, compiling, reviewing and approving the PSB should be taken seriously. It is logical when the data are prepared by persons from the liquidation commission. But usually this is done by accountants. Moreover, most of the time it will take accounting work - all sorts of reconciliations with bilateral signing of acts, the search for confirming “primary”, eliminating discrepancies with the credentials of counterparties, if they are found.
The finished document is submitted for consideration to the owners or the liquidator. We describe these situations and give a sample decision on the approval of the interim liquidation balance sheet.
PLC approved by the owner
If the company has one founder, then it will be its sole decision to approve the PSC. It is executed in writing and registered, as it should. Here is a sample decision to approve the interim liquidation balance sheet as the sole participant:
Limited Liability Company “----------"
SOLUTION No. ____
the sole participant of LLC “----------” on the approval of the interim liquidation balance sheet
"__" _____ of the year 20__
I, full name (passport data, place of permanent registration), being the sole participant of LLC “----------”
I DECIDED:
- To approve the interim liquidation balance of LLC “----------”
Annex 1:
Interim liquidation balance of LLC “------------” on (in figures and words) sheets.
Sole participant of LLC “---------": signature, full name
PLB approves the minutes of the general meeting of founders
If there are several founders of a society, then they are brought together all together. They need to be convened according to all the rules. Everyone must be present. Otherwise, the eligibility of their collection will be lost.
Everyone who is concerned is interested in the PLB being approved immediately by one vote. Therefore, we advise you to give each participant a draft balance sheet with an explanatory note in advance. If controversial issues arise, there will be an opportunity to discuss and come to a common opinion.
So, all the participants gathered together and approved unanimously the PLC. This must be recorded. Here is a sample protocol on the approval of the interim liquidation balance of LLC:
Limited Liability Company “----------"
PROTOCOL No. ___
general meeting of participants of LLC “-------------"
"__" _____ of the year 20__
Form of the extraordinary general meeting: joint presence.
Date of the general meeting: "__" _______ 20__
Venue of the general meeting: _________ (address).
Registration Start Time: ___ h. ____ min.
Registration end time: ___ hours ____ minutes
Start time of the general meeting: ___ hours ____ minutes
General meeting end time: ___ hours ___ minutes
Total number of participants in the Company: 2.
WENT:
- - Full name, passport data, place of permanent registration,
- - Name, passport details, place of permanent registration.
Total participants: 2. There is a quorum for making a decision on the agenda. The meeting is competent.
Chairman of the meeting:
Secretary of the meeting:
AGENDA:
- Approval of the interim liquidation balance of LLC “----”.
LISTENED:
- Speaking on the agenda item: Full name, with a proposal to approve the interim liquidation balance of LLC “-----”.
VOTED: “for” - unanimously; “Against” - no; “Abstained” - no.
DECISION:
- To approve the interim liquidation balance of LLC “-----”.
Application:
1) Interim liquidation balance of LLC “-----” on (in figures, in words) sheets.
Chairman of the meeting: signature, full name
Secretary of the meeting: signature, full name
The same procedure for approving PSS exists for non-profit organizations (NPOs). The content of the protocol on approval of the interim liquidation balance sheet of NPOs will be similar to the content of the previous example protocol. All NPO participants must meet and unanimously approve the PWB.
PLB claims liquidator
In general, a liquidator is a liquidation commission. Any employee of the company, including the director, can enter it. Its actions to approve the PSB are similar to the actions of the LLC participants gathered together. At the same time, the meeting changes to an extraordinary meeting, and the members of the liquidation commission will take the place of the participants in the company.
The decision to approve the interim liquidation balance sheet by the liquidator will take the form of a meeting minutes. Here is a sample of it:
PROTOCOL No. ___
extraordinary meeting of the liquidation commission of LLC “-------------"
"__" _____ of the year 20__
Date of the extraordinary meeting: “__” _______ 20__
Place of the extraordinary meeting: ________________ (address).
WENT:
The chairman of the commission, full name, position.
Commission members:
- Full name, position,
- Full name, position.
AGENDA:
- Approval of the interim liquidation balance of LLC “-----”.
LISTENED:
- Speaking on the agenda item: Name, surname, position with the proposal to approve the interim liquidation balance of LLC “------”.
VOTED: “for” - unanimously; “Against” - no; “Abstained” - no.
DECISION:
- To approve the interim liquidation balance of LLC “----------”.
Application:
1) Interim liquidation balance of LLC “----------” on (numbers, words) sheets.
Chairman of the liquidation commission: signature, full name
Members of the liquidation commission: signature, full name
Bankruptcy Submission Approval
Above, the actions of a voluntarily liquidated company were considered and examples of decisions on approval of the interim liquidation balance sheet were given. But recently, liquidation through bankruptcy has become increasingly popular. Unfortunately, the state of the economy contributed to this.
The question is, to whom, then, is the law entrusted with the right to approve the PLB?
We answer: arbitration, or bankruptcy trustee.
At the same time, it is not necessary to draw up a separate document for the approval of the PSB. The signature of the arbitration or bankruptcy trustee under the balance sheet will be enough.
Deadline for making a decision on the approval of the PLC
There is no exact deadline for the approval of the PSB in the legislation. Therefore, if there is a goal to eliminate society in a short time, then you need to act on the principle, the faster the better. Because, without having an approved SSB, there is no way to go to a complete elimination.
However, there are restrictions that prevent the approval of the PSB at any time from the moment when the same standard two months passed (we talked about them at the beginning of this article).
Namely, it is not possible to approve the PLB if:
- In court clerical work there is a pending case in a lawsuit against a liquidated company.
- There is any documentary audit of tax or customs authorities, or a decision on them has not yet entered into force.
If there are no such obstacles, then it is possible to draw up and approve the PSB on any day following two months from the date of the announcement of liquidation.