Legislation and liquidation of LLC.

According to the latest statistics, more than 80% of small and medium-sized businesses in Russia belong to Limited Liability Companies , briefly called LLCs. In principle, this is not surprising, since it is this organizational and legal form of the enterprise that is best suited for conducting virtually any economic activity. In addition, LLC is very convenient and from the point of view of business development: the lack of restrictions on financial turnover, the possibility of increasing staff, the management structure can be formed "for themselves," the possibility of attracting financial investments is provided ... It is not for nothing that Limited Liability Companies have gained popularity in most CIS countries: Ukraine, Belarus, Moldova, Kazakhstan ...

At the same time, in addition to the mass of merits, all LLCs have one significant inconvenience - they can not be eliminated at one time. Even with great opportunities and a huge desire for one or two months, an entrepreneur can not stop the activities of his company. Why? Because on this account the legislation provides for a special procedure. It is called liquidation of LLC. Unfortunately, this is a slow process: the publication of the announcement, the collection of documents, various inspections ... As practice shows, the average liquidation period for the LLC is 5-6 months. This is with the right tax deductions and impeccable accounting. And what about those who have errors in their reports or simply can not wait?

On this account, within the framework of the legislation, there are various ways of liquidating an enterprise:

1) Voluntary liquidation.

Official liquidation of the enterprise according to the procedure prescribed in the current legislation. At the same time, first a statement is submitted to the registrar, a publication of the announcement on liquidation to the press is given, followed by a series of tax and financial checks. In most cases, in the process of selective reconciliation by various state bodies, legal entities have numerous penalties and fines. (One of the longest in time, and sometimes the most expensive in finance procedure)

2) Liquidation by recognizing the company as bankrupt.

Another lawful liquidation of LLC, for enterprises with large debts. If a legal entity does not have the financial means to settle with numerous creditors, the so-called bankruptcy procedure is carried out . Sometimes this fact is revealed only in the process of voluntary liquidation, then it also goes into bankruptcy. (Usually lasts longer than voluntary liquidation, it is generally not necessary to talk about the financial side here)

3) Change of the owner (s) and director of LLC.

Formally, the liquidation is not, as the company at the same time continues its activities. Sometimes this method is also called alternative liquidation of the enterprise. A rather risky procedure, because in a few years, various structures may have financial claims against previous owners. (The cheapest and fastest way, but requires "jewelry" compliance with legal subtleties)

4) Reorganization of the enterprise.

At the same time the company merges with a firm or is absorbed by a company. As a result: according to the documents, LLC completely stops the economic activity, which is now being conducted by its successor - another legal entity. More reliable from a legal point of view. Unfortunately, this method is possible only if there is a structure suitable for the transaction. (A longer way than a change of founders, at the same time the fastest than all the rest)