Liquidation LLC: features and types

Liquidation of LLC is nothing more than an ordinary termination of its activities. The reasons for this may be different:

- any economic problems ;

- the court's decision;

- disagreements that have arisen between the founders;

- personal initiative of the owners.

Also, to liquidation can result in all sorts of violations, numerous fines and so on. Sometimes liquidation is used as a remedy for accumulated problems. Some firms thus make attempts to evade payment of debts.

Liquidation LLC: what you need to know about it

When liquidating a legal entity, information about it is deleted from the Unified State Register of Legal Entities, and the enterprise is removed from the register with the tax inspectorate. The state fee for liquidation of LLC is always paid.

The decision to liquidate the LLC may not be accepted by all. It can accept:

- Founders;

- authorized body.

In the first case, liquidation is considered voluntary, and in the second - forced. Voluntary can occur due to the end of the term for which it was created (if such a term was implied in the creation), the achievement of the goal or decision on the inexpediency of further action. Forced liquidation may be due to crimes against the law, violations of registration rules, problems with reporting, bankruptcy.

Liquidation of an LLC can be carried out in a variety of ways:

- official (or voluntary) liquidation;

- sale of the company (change of management);

- reorganization (merger or merger);

- liquidation through bankruptcy is possible.

Each of the options is something good, but something is bad. It is impossible to say which one is better than the others, because in each case the conditions are different, and so the choice must be implemented, acting on the situation.

Official Liquidation LLC

This procedure can take a lot of time, since it is much more complicated than simple registration. The procedure for such elimination hides many different risks that will have to be studied.

Stage of official liquidation

- at the outset, a decision is made to liquidate, and then the registering and tax authorities are notified;

- a special liquidation commission is created, from which its chairman is elected;

- notification of liquidation is published in the Bulletin of State Registration;

- all debts are repaid;

- an intermediate liquidation balance is drawn up and determined . The registering and tax authority is informed of its compilation;

- the final composition of the liquidation balance is made, and the liquidation of the legal entity is registered.

Liquidation of LLC through reorganization

This process also has several stages. Here they are:

- decision-making;

- registration of necessary documents;

- entering in the Unified State Register of Legal Entities the necessary record of the beginning of the reorganization;

- publication of information in the Bulletin of the State Registration;

- Further there is a repeated publication;

- registration of reorganization.

Liquidation of LLC through bankruptcy

There are a lot of disputes about this method. This is due to the fact that any errors in his process can lead to legal proceedings, as well as cause a criminal case involving abuse of power by the head, with fictitious or deliberate bankruptcy. This is quite natural, since many dishonest companies use this method in order to avoid paying debts. This is dishonest and illegal, but few stop.

The entire process of liquidation of LLC through bankruptcy must be conducted under the strictest control of specialists. It's very difficult to do everything legally and without errors, however, this task will not seem too difficult for experienced lawyers.