Entrepreneurship is often associated with significant financial risks. Illiterate management, mistakes and miscalculations in doing business, incorrect accounting, huge fines, penalties and other sanctions - this is not a complete list of reasons why the management decides to close a legal entity. There are few options for closing an enterprise with debts.
Instructions
Step 1
A rather complicated and time-consuming way of liquidating a legal entity is bankruptcy: creditors, authorized bodies or the debtor himself file an application with the arbitration court and declare him bankrupt. Procedures are established: supervision, financial recovery. External management, bankruptcy proceedings, after which, on the basis of the reports of the arbitration (bankruptcy) administrator and decisions of the meetings of creditors, the court decides on liquidation. Keep in mind that this process can last from several months to several years.
Step 2
You can follow the path of closing the enterprise through the liquidation commission. In this case, the general meeting of the company's participants makes a decision on liquidation, after which a number of mandatory measures are taken: - creation of a liquidation commission; - notification of the registering authority, tax, non-budgetary and statistical bodies, obtaining approvals for liquidation; - publication in the media of a statement about the upcoming liquidation; - notification and dismissal of employees of the enterprise, organization of compensation payments; - work with debtors and creditors, debt repayment; - sale of property; - closing of enterprise accounts.
Step 3
The process of the so-called official liquidation takes 6-12 months. Please note that in this way you can close a legal entity only if the accounts payable can be covered in full at the expense of funds in the accounts and at the cash desk, collected accounts receivable and sold property.
Step 4
The most popular method of liquidating an enterprise is reorganization in the form of a merger or acquisition. All obligations of the liquidated legal entity are transferred to another organization, and it itself is excluded from the state registers. Merger - the formation of a new legal entity by combining 2 or more organizations with the simultaneous termination of their activities. The process takes about 3-4 months. Accession is the transfer of rights and obligations to another legal entity, which accepts an enterprise with all its property and debts, while a new legal entity is not formed. At the time of making a record of the merger or acquisition, the enterprise is excluded from the Unified State Register of Legal Entities.
Step 5
To begin with, select a legal entity to which all the rights and obligations of your enterprise will be transferred, after which take a set of measures: - decision-making and reorganization by each of the participants; - conclusion of an agreement and merger or accession; - notification of creditors, tax, extra-budgetary and statistical authorities; - publication in the media of a notice of the upcoming reorganization; - preparation of a report on the value of the participants' assets; - holding a general meeting of participants to approve a new charter, a merger or acquisition agreement, a deed of transfer; - election of a head or board of directors; - determination of the name, legal address, the size and methods of payment of the authorized capital; - closing the accounts of the reorganized enterprises.
