Sometimes it happens so that business activity does not give the expected results and does not justify investments made in it. In that case, the owner of the enterprise shall decide what to do further, and most often the choice is made towards liquidation of such legal entity.
Liquidation of the enterprise exempts from liability to state agencies, and also, in fact, on legal grounds relieves the owner of problem business. But at the solution of the similar question, it is necessary to get the support of the qualified lawyers who I will consult directly on liquidation procedure, and also will be able to reveal problems and not to allow their increase.
Order of liquidation of the legal entity
Liquidation of the legal entity happens is a little problematic and long owing to the fact that it is necessary to collect the pretty large amount of different papers, to provide them with the set of state agencies, to carry out the inspection of the liquidated person regarding correctness of conducting activity and payment of taxes, etc. But if to consider procedure in detail, the order of liquidation of the legal entity occurs as follows:
- Making decision on the termination of the company;
- Purpose of the commission (liquidator) and establishment of the order of procedure, and also calculation with creditors;
- Notification of the state registrar, and also entering of information into the Unified state registry on the termination of the legal person;
- Identification of creditors and payment of financial liabilities;
- The order the remained property of the enterprise;
- Entering of record into EGRPOU about the termination of the legal entity.
Liquidation of the legal entity is so performed. But, depending on the organizational form of the company and the directions it activity, and also from the method of the termination of the firm, the algorithm of actions can be changed or added. Fortunately, lawyers of “Alt-Brayer” know all possible nuances of liquidation of the legal person, and will pick up the best method and algorithm of liquidation of the company.
Methods of liquidation of the legal entity
Actually, it is possible to liquidate the company by two methods: voluntarily and compulsorily. The first method is applicable if the decision on the start of the process is made by founders of the company, the second — if the mechanism is started after the relevant decision court according to the statement of an authorised state agency.
But there is one more method by means of which liquidation of the legal entity is made – it is liquidation of the company with debts. It belongs to forced, however, has separate algorithm and effects, and also is so often used in practice that deserves separate discussion.
Voluntary liquidation of the legal entity
Voluntary liquidation of the enterprise is made according to the decision of participants of the legal person, or the body of the company authorized for that. In the case of a state enterprise, the decision is made by the owner of the property as whom the relevant state body acts.
Voluntary liquidation of the company can be performed for such reasons established by the Economic Code of the country:
- the end of the period for which the organization was created;
- achievement of result for the sake of which the enterprise, etc. was founded.
Involuntary liquidation of the legal entity
As it was already told and as clear directly from the name of the method, involuntary liquidation is made by no means, not at own will the managements of the company. The court which makes the relevant decision and establishes the direct procedure of cancellation of the legal entity “starts” such mechanism.
It is possible to carry to the bases of such liquidation, in particular:
- Violation of the law during creation of the company if such oversights cannot be eliminated;
- Carrying out activity without availability of the corresponding license;
- Numerous gross violation of the legislation of Ukraine;
- The discrepancy of a non-profit organization to the purposes of its creation.
The provided list does not include all possible reasons as specific features of activity of the company significantly influence conditions of its liquidation, and only lawyers of “Alt-Brayer” can carry out the analysis of activity and advise the correct decision.
Liquidation of the legal entity with debts
Bankruptcy is to the only legal ways to stop firm with debts. If at the organization the debt to the budget or creditors “collected”, but there are not enough means to extinguish it, only that recognition of firm by the bankrupt with the subsequent its liquidation on this basis, will give the chance to write off debts, having avoided at the same time responsibility. And lawyers of the Alt-Brayer company, in turn, will qualitatively accompany procedure, having provided tranquility at each stage of liquidation and in the future.