The limited liability company is created by means of consolidation of the property of participants, and this feature defines further the order of its liquidation as legal persons.
First of all, it is necessary to specify that closing of Ltd company is only one of several methods of the termination of limited liability company as it is possible to make it also by the reorganisation.
In effect, liquidation of Ltd company is possible in such cases:
- according to the decision of owners;
- owing to the judgement;
- according to the decision of competent state agency (Antimonopoly committee and so forth).
If to address the practical side of the question, then each businessman who faced similar procedure will confirm that liquidation of Ltd company is the specific legal product which demands, first of all, experience in the matter and legal skill therefore without the assistance of the lawyer to permit this case is very problematic.
Liquidation of Ltd company happens as follows
1. Making decision on liquidation of the enterprise
To start procedure, at a meeting of founders in the presence of 60% of total quantity of participants, most of the owners shall vote pro closing of the firm. One more important aspect is that at this meeting, after decision-making, it is necessary to designate structure of liquidation commission which will carry out functions of governing the instance.
2. Providing documents to the registrar
Further, in administration in the place of registration of Ltd company, the information about the legal person moves, showing at the same time the documents confirming the personality and powers of the administrative board. The registrar, having adopted the statement, makes the corresponding record in EGRPOU, and further these data “go” to instances of tax administration, the pension fund and so forth.
3. Calculations with creditors
The following important stage is the publication of the decision on liquidation of the enterprise in mass media. The article is published in the specialized magazine on sensitive the guide of the state registrar, and it is actual two months. During this time, the creditor can make the financial complaint to society if it did not occur — he loses the right to return of the debt from the specific legal person. But this moment is not “iron” as there are different nuances.
4. Removal from accounting in state agencies
The process of cancellation of society in different state instances is followed by unscheduled inspections of activity of the Ltd company directed to control of correctness of charge and tax payment and charges. Such procedures, in turn, are confirmed by the corresponding references.
5. Direct liquidation
After carrying out above-mentioned procedures, the head of the liquidation commission of the abolished society gives to the registrar of paper, the Ltd companies confirming completion of cancellation on the basis of which the last makes a record about the termination of activity of specific society in EGRPOU. From this point the Ltd company in Ukraine is considered more invalid.
Liquidation of Ltd company to Kiev: necessary documents
For the termination of Ltd company in Kiev, it is necessary to provide to the state registrar the following papers:
- Written decision on the forthcoming liquidation of Ltd company;
- After cancellation of the company:
— the filled registration card;
— certificates of GFS and PF of the absence of debt at the abolished society;
— the reference confirmation from the archive on adoption of documents of society for storage.
The correct selection and paperwork is a pledge of the fact that liquidation of Ltd company will take place in Kiev quickly and “without serious consequences” therefore addressing the stage of providing documents in state agencies, it is necessary to consult with the specialist upon the fidelity of preparation of papers. It minimizes the risk of prolongation of procedure and also finding of problems in the future.
Liquidation of Ltd company with debts: procedure and nuances
Any liquidation of the company with debts, in itself, happens more difficult, than the termination of the enterprise without financial debts. Therefore, if during activity your company managed to obtain debts to creditors, fiscal service or state funds, it is necessary to prepare that at the liquidation of such enterprise it will be necessary to spend considerable means and time.
Liquidation of Ltd company can happen to debts:
- at founders own will, voluntarily;
- there is also involuntary liquidation.
Voluntary liquidation of the firm with debts is convenient that it does not mean checks from fiscal inspection, and, in principle, is less painful and rather profitable method of its cancellation. While involuntary liquidation of Ltd company happens exclusively by a court decision that a priori is the unpleasant procedure. Besides, the order of debt repayment, in that case, defines court too.
However, the most reliable, from the point of view of lawyers, is insolvency proceeding, and it is applicable to firms which cannot be calculated with the debts.
If your company is unprofitable, and you look for the method to get rid of it and to avoid not business, specialists of the Alt-Brayer company will consult you on aspects of liquidation of Ltd company with debts in Ukraine, and also will pick up the optimum method of cancellation of the company, descending from current situation.
Urgent liquidation of Ltd company
Express liquidation is meant as a sale to the company to founders “from outside” who resolve further all issues of activity of such firm — up to the appointment of the head, and reorientation of activity of Ltd company. The main difference of the express method from standard liquidation procedure of the enterprise also consists in it.
Urgent liquidation of Ltd company – it is simple! And just it because liquidation in such a way happens quickly and “without serious consequences”, and also owing to the fact that lawyers of the Alt-Brayer company will make it even quicker. What is required from you? Only the package of registration documents, several signatures and the power of attorney for work with the commercial information. All the rest is care of specialists.