Many entrepreneurs complain that it's a very difficult, long and dreary procedure to open your own business, because you have to visit many instances and spend a lot of time. It is disappointing that the completion of the enterprise's activity is no less serious from a legal point of view procedure.
Liquidation of an organization is ... Definition and types of liquidation
Sometimes, for some reason, owners wish to terminate the activities of their firm. Perhaps it did not meet their expectations or ceased to bring the desired profit. In such a case, liquidation is a voluntary procedure upon the completion of the organization's activities. At the same time, there are no plans to transfer rights to continue working with third parties.
However, such a procedure can be carried out and forcibly. This is possible if an appropriate court decision has been taken. Usually, the compulsory completion of the organization's activities is carried out when it conducts illegal activities, with the assumption of serious errors during registration or when it has unsolvable financial problems.
According to the Civil Code, liquidation is the cessation of the activities of a legal entity without the transfer to third parties of its rights or obligations. The procedure for its implementation is described in articles 61 to 64 of the Civil Code of the Russian Federation.
Usually the decision to voluntarily end the activity is taken for several months, since liquidation is a complicated procedure, during which it is necessary to take into account a lot of nuances so that later there are no problems. It will take several steps to close the company.
- The general meeting, at which the corresponding decision is made. At the same time, the liquidation commission is appointed and the terms are agreed.
- Notification of registration authorities (tax inspection) about the decision taken at the meeting. This is given 3 days.
- Also, within three days, you will be required to notify the Pension Fund and the Social Insurance Fund in writing.
- Placement of the announcement in the official press. It is necessary that creditors have the opportunity to demand the return of debts in a timely manner.
- In addition to publishing in paper editions, it is necessary to notify creditors separately in writing.
- Notification of company employees. It is held at least two months before the planned dismissal.
In addition to the aforementioned actions, the organization still has many other activities to be carried out. Among them:
- Inventory of property and decision-making on its possible implementation;
- Reconciliation of settlements with off-budget funds, tax authorities and payment of taxes;
- The estimation of a debt receivable with a view of its collecting;
- Assessment of accounts payable and decision-making for each debt;
- Field tax inspection;
- Drawing up an interim liquidation balance sheet and so on.
This shortened list shows how long and complicated liquidation can be. The consequences of improper conduct can be avoided by contacting specialized companies that assist in carrying out this procedure.
The company is considered closed after the relevant entries are entered in the Unified State Register of Legal Entities. After that, the liquidation commission must transfer the documents to the archive, violation of this rule may lead to the imposition of a fine. It is also necessary to destroy the seal. As we see, liquidation is a really long process.