Reorganization by accession. Death or a new life?

In connection with the constant changes in the market, one often has to cease to exist, and the other - to adapt. One type of "survival" is reorganization through accession. Undoubtedly, many are wondering if this is really the end for the firm or a new, common beginning.

Every joining of a legal entity, whether it is a huge corporation or an equal company, is unique. It is important to understand that in the process of reorganization the firm continues to exist and is likely to increase its current assets. Liquidation is the complete cessation of the activities of a legal entity.

Although in such cases the formation of a new firm does not take place, nevertheless thorough work is carried out with the documentation - everything must be legally confirmed. Only after the data on the accession of one of the firms has been entered into the USRLE, the procedure can be considered complete. It should be noted that reorganization through affiliation is often carried out under the supervision of FAS, and in some cases you may be asked to obtain approval before you create a single company.

It is important to know that liquidation of the LLC, merger and other issues that can seriously affect the fate of the organization, are discussed only at meetings of shareholders or founders. Only the unanimous decision of all members of society on the issue raised can trigger the beginning of the whole process.

If during the discussion some founders are absent or vote against the decision, they have the right to demand the purchase of their shares or shares by other members of the society. The reorganization by accession is divided into several stages, the first of which is the valuation of the property of the company and its assets. The next step will be the signing of an agreement on the procedure and conditions for the merger of two or more firms. In joint-stock companies, additional conversion of shares takes place.

The third stage begins after the decision is made and lasts no more than three days. During this time, you are required to notify the tax, creditors and officially publish your decision in printed publications. When the assets do not exceed 100,000 minimum wages, it is enough to send the same notice to the antimonopoly committee. But if the level exceeds the established level, then from FAS you are required to obtain approval for the merger. Reorganization through accession Is considered completed when all changes are documented, and in the USRLE there are records that one of the firms joined the other.

As you can see, the process is rather complicated and requires not only careful study, but also knowledge of all the subtleties. Today there are many qualified companies that are ready to help you in this matter. With you and your employees will remove the burden of responsibility for the preparation of documents, organize a general meeting, draw up an act of transfer, conduct an inventory and independently perform the remaining procedures for registration and merger.