Heads decide on the closure of LLC for many reasons - negligent management, errors or miscalculations in marketing plan, etc. It is possible to legally close the company only through the bankruptcy procedure, but you can use alternative options.
1
You can eliminate the company voluntarily by decision of the participants, if you have no debts and payables are fully repaid. If you cannot repay it, you will have to use other methods. The process of liquidation of a legal entity is quite complex and expensive.
2
If the organization becomes bankrupt, its leaders can submit an application for recognition of bankrupt into the Arbitration Court. This can also make lenders, tax authorities or employees of an enterprise that cannot be salary within three months.
3
After submitting an application, the Court begins to investigate. At the first meeting, a commission and the competitive manager are appointed. It is these specialists who will deal with the reasons for the current situation and will try to find the possibility of a work of settlements with all affected persons.
4
First, they will take on the inspection of the financial and debt documents of the enterprise. The competitive manager has the right to continue the activities of the firm by replacing its economic policy. If innovations do not bring the desired result, the court will decide on the property of the property of managers and enterprises.
5
As the property is realized, debt obligations to creditors will be repaid. This process can delay for several years, but it can end in two months. At the same time, all unpaid financial debts will accrue a penalty in the amount of 1/300 from the refinancing rate of the Central Bank of the Russian Federation for each day of delay.
6
Bankrupt in any case will have to pay all debts. They can be written off only if all the leaders died and after their death there were no estate. There is another option of closing Ltd. with debts. If the participants and the general director of society are changed, all responsibility for debt will go to the new owner.
7
Consequently, it is necessary to find a suitable founder and register a sale agreement. At the same time, the head must present the inventory accounts of the company, the list of debts, their size and maturity time, accounting balance and expert opinion of an independent auditor after verification. After that, you need to make an act of receiving documents. There must be a signature of the former supervisor, as well as the signature of the new owner and the accountant.
8
After that, the former leader submits all documents to the tax office. He will be asked to pay the state duty. The new manager must submit the necessary documents for state registration in the tax service and obtain an extract from the state registry, as well as the certificate of registered changes in the Ltd documents. The whole process will take about a month.
9
You can "eliminate" an enterprise by reorganization. This means that one company joins the other or they merge into one. After that, bankrupt company ceases to exist and becomes part of another organization.
Business maintenance is often associated with big risks. Therefore, when it is discovered, conducting and expanding, it is necessary to carefully think over all the details and calculate possible dangers in advance.
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