According to Art. 61 of the Civil Code, upon liquidation of an organization, its activities cease without transfer of its duties and rights to other persons in succession. The exception is cases directly established in federal law.
Features of the procedure
The liquidation of the company entails consequences legally significant for:
- Founders.
- Lenders.
- Other interested parties.
The provisions of Article 62 of the Civil Code regulate the obligations of the entity that made the decision to terminate the organization. They consist of a written notification by the Federal Tax Service to enter information into the USRLE about the process that has been started. Federal Law No. 129 sets a three-day period during which this notice must be sent. Based on the notification, the authorized body enters into the USRLE the information that the organization has begun liquidation. From this moment registration is prohibited:
- Legal entities whose founder is this company.
- Changes made to the documentation of the enterprise.
- Legal entities arising from the reorganization.
The founders / authority that made the decision to terminate the company also notifies the Federal Tax Service of:
- Formation of a commission and appointment of a responsible person.
- Drawing up an interim liquidation balance sheet.
- The appointment of the procedure and timing of the procedure.
Since the formation of the commission, all the authority to manage a legal entity passes to it.
Interim and liquidation balance of LLC
The formation of documentation is carried out in order to establish the actual financial situation of the enterprise. In accordance with the data present in it, the founders / body that made the decision to terminate the activities can determine the actual value of the assets and choose the most profitable option for their implementation. The liquidation balance (intermediate and final) in most cases is compiled by the accounting department of the company. Let us consider in more detail what this document is.
general characteristics
In the current legislation there is no approved unified form of the interim liquidation balance sheet. An exception is made for budgetary institutions and banks. In this regard, the enterprise itself develops the form and enters information into it. As a rule, accounting form No. 1 acts as a model. The interim liquidation balance sheet will differ in details and some information relevant to the procedure. When compiling the document should be guided by the provisions of PBU 4/99. An enterprise may repeatedly form an interim liquidation balance sheet.
Sample fill
The document includes information indicating the composition of the property of the organization. In particular, the sample filling in the interim liquidation balance sheet contains:
1. The list of equipment, machinery and other fixed assets. At the same time should be indicated:
- inventory number of the object;
- name and location;
- mark;
- year of commencement of operation;
- actual wear and tear;
- residual value.
2. The list of structures and buildings. The sample filling in the interim liquidation balance sheet provides an indication of:
- inventory number;
- years of commissioning;
- the name of the object and its location;
- actual wear and tear;
- residual value.
3. The transfer of assets under construction and not installed equipment. In this section, for each object, information is provided about:
- name of the object;
- construction start date;
- book value ;
- the amount of work actually performed.
Financial information
This section is considered key for users analyzing the interim liquidation balance sheet. The sample form provides for the inclusion of information about:
1. Long-term investments. In this case, you must specify:
2. Intangible assets. For them it is indicated:
Other resources
The sample filling in the interim liquidation balance sheet contains a list of:
- Stocks.
- Cost.
- Cash and other financial assets.
These include, in particular:
- Productive reserves.
- Fattening and rearing animals.
- Unfinished production.
- Expenses of upcoming periods.
- Finished products.
- VAT on received values.
Settlements and advances
The sample fill in the interim liquidation balance sheet reflects information regarding the movement of funds in favor of debtors. In particular, the calculations are indicated:
- On bills received.
- For services / work / products.
- With subsidiaries.
- With the staff.
- With a budget.
- For other operations.
- With other debtors.
The document provides information on advances paid to contractors and suppliers, short-term investments, as well as cash:
- At the register.
- In foreign currency and settlement accounts.
Creditors Requirements
They are also indicated in the interim balance sheet of the liquidated enterprise. The following shall be indicated:
- Name of lender.
- Amount due.
- The decision to satisfy the requirement.
It is allowed to cite this list as an appendix, supplementing the liquidation (interim) balance sheet. A separate column indicates the results of the commission's consideration of claims submitted by creditors. Debt fully repaid in the process of drawing up an interim balance from the funds available at that time is not reflected in the documentation.
Conclusion
Thus, the following data should be reflected in the liquidation balance sheet:
- On the composition of liabilities and assets of an enterprise that ceases operations.
- On the property status of the company.
- On current receivables and payables.
In the process of compiling the document, information from the balance sheet is used as the basis. It must be drawn up before a decision to terminate the company. The interim balance sheet, which is filled before satisfaction of claims from creditors, reflects the amounts of debts presented and written off both before and after the expiration of the period determined by the commission. Due to the fact that the document largely duplicates the financial statements, it is advisable to entrust its preparation to the appropriate employees of the enterprise. In this case, the commission will have to carefully check the completeness and reliability of the information provided in the liquidation balance sheet. After assessing the real financial situation of the company, the order of creditors is built. In accordance with it, payments of existing debts will be carried out. Along with this, the procedure for the sale of property of the enterprise is established. At the end of all activities, the commission notifies the Federal Tax Service about the completion of the procedure. The control body, in turn, enters the necessary information into the register.