The procedure for suspending the activities of an enterprise is not provided for by the current legislation of the Russian Federation. At the same time, there are no sanctions in the case when it actually does not carry out activities, provided that the deadlines for submitting reports are met. Another issue is that maintaining a company that exists only on paper is costly and in some cases it is fraught with problems with government agencies.
Instructions
Step 1
The most difficult case is when the staff of the company is not limited to its head and chief accountant (according to the law, one person, including the founder of the company, including the only one) is entitled to combine these positions. The most costly option for parting with employees of an organization is to cut staff. A compromise is also possible - dismissal by agreement of the parties. Both of these procedures are quite multifaceted, and therefore deserve separate consideration.
Such commonly practiced options as forced dismissal "of their own accord", for alleged violations of labor discipline, or unpaid leave for an indefinite period are illegal.
Step 2
It is also not easy with the first person and the chief accountant (both of them in one person, if the positions are combined). These positions, while the firm exists on paper, must be closed. So, when changing the general director, the general meeting of founders (or the only founder) must, by their duly formalized decision, not only dismiss the current one, but also appoint a new one. Without this, the corresponding changes will not be made to the Unified State Register of Legal Entities.
In practice, the first person of a company planning to suspend activities sends himself on indefinite unpaid leave. The moment is slippery, but it is unlikely that the director, who is also the chief accountant, who is also the only founder (or one of them) will sue himself.
Step 3
Even an indefinite leave does not relieve the director of the obligation to submit reports on time, even if zero, and the responsibility for non-performance. In practice, to comply with this formality, they most often resort to the services of third-party organizations. But they are far from free.
Step 4
Another item of expenses for a company that has actually suspended its activities is its legal address. The easiest way is if this is the home address of one of the founders (in some constituent entities of the Russian Federation, the law allows this) or other real estate owned by the founder by right of ownership. In other situations, you will have to spend at least monthly on rent. Even if it is a symbolic payment (in a number of regions, especially the poor, the prices for fictitious legal addresses are from 1000 rubles per month), money is never superfluous. In addition, the use of a fictitious legal address is a violation of the law, the likelihood of identifying which (and applying appropriate sanctions) should not be discounted. Therefore, the question arises - is it not easier and cheaper to liquidate the company, as it should be by law, and, if necessary, to establish a new one.
