Withdrawal of assets of a limited liability company, as a rule, is fraught with many problems and questions that arise during this procedure. It can be done in several ways.
Instructions
Step 1
Withdrawal of LLC assets through a sale and purchase agreement. The main difficulty of this method is the legal justification for the withdrawal of assets. The withdrawal of assets should have a positive effect on the economic development of the LLC, otherwise the organization may be accused of committing deliberate actions that contribute to the bankruptcy of the enterprise.
Step 2
Withdraw assets by contributing any property, both movable and immovable, to the authorized capital of another company. That is, you sell the property to a third company, which later becomes its full-fledged owner, and you only have the rights of obligation. Assets are released after the reorganization of a third company (57 of the Civil Code of the Russian Federation).
Step 3
One of the safest ways to withdraw the assets of an LLC is to reorganize the company, that is, to create smaller firms. Follow the legal procedure and transfer assets to the new company. However, remember that along with them, the company, logically, should also go to debts. To avoid the debt burden of the new organization allows Art. 50 of the Tax Code. It is necessary to pay special attention to the documents, because in any case, after such changes, a serious inspection of the new organization by the tax authorities is envisaged.
Step 4
To withdraw the assets of an LLC, you can use a not popular, but effective method. Become a member of the exchange, invest your capital. Find trusted parties who will subsequently purposefully buy up your contracts and securities. In order to use this method, analysts say, it is necessary to have experience of participating in such events, it is advisable to invite foreign experts.
Step 5
With the help of foreign partner firms, it is possible to apply the method of withdrawing LLC assets by means of advances. However, from the point of view of Russian legislation, this mechanism can be regarded as fraudulent. Use only legal methods.
