Liquidation of enterprises
Liquidation of enterprises - is a complex legal process, that occurs, when the organization has ceased to generate income and its further existence of inappropriate.
The liquidation procedure is to terminate the activities of the legal entity or individual entrepreneur without transfer of rights and obligations in the order of succession to other persons and completed by the entry into the Unified State Register of Legal Entities and Individual Entrepreneurs (EGR) recording the exclusion of the legal entity or individual entrepreneur of this register.
There are two variants of liquidation – compulsory and voluntary. compulsory liquidation usually the result of a court decision or decision of other bodies, endowed with legislation of the Republic of Belarus on the adoption of such decisions (eg, if the company's registration mistakes were made, if the company's activity is contrary to the law or in cases, when the firm appear intractable financial problems). voluntary liquidation is possible if, when the founders themselves want to close down an organization, does not meet their expectations.
The term of liquidation established by the owner of the property (founders, participants) an organ of the legal person, authorized charter (memorandum of association- for profit organization, operates only on the basis of the Memorandum), can not exceed 9 months from the date of the decision on liquidation. This period may be extended by the said persons, but not more than 12 months.
liquidation takes place in several stages:
1. Decision on liquidation, the appointment of a liquidator (liquidation commission).
2. Notification of the registration authority of the decision on liquidation.
3. Placing on the Elimination of publication in an annex to the legal scientific journals "Justice of Belarus" and on the Internet at the official website of the magazine.
4. Notice of dismissal of employees, notification of labor bodies, Employment and Social Protection of the upcoming large-scale layoffs.
5. Resigning in bank accounts, a card with samples of signatures on the liquidator to settle and manage funds.
6. An inventory of the property. Drawing up the inventory (act).
7. Identification of creditors and debtors.
8. Preparation of intermediate liquidation balance.
9. Presentation of the interim liquidation balance to the tax authority.
10. Sale of the property at public auction.
11. Satisfaction of creditors' claims.
12. The transfer of the remaining assets (Money) legal entity owner (founders, participants).
13. Closing an account (accounts) banking institutions.
14. stocktaking. Drawing up the inventory (act).
15. Drawing up of the liquidation balance sheet.
16. Presentation of the liquidation balance to the tax authorities.
17. Transmission of documents in the archives.
18. Transfer to the registration authority to exclude from the USR of the following documents:
– printing company or a statement of the owner of the property (founders, participants) their neizgotovlenii or publishing information about their loss ads;
– liquidation balance sheet;
– the original certificate of state registration of the legal entity or a statement of the owner of the property (founders, participants) his loss with the application of information about the publication of the loss of classifieds.
19. Adding to the USR record the exclusion of legal persons from this register.
The term "liquidation" shall not apply regarding an individual entrepreneur. An individual entrepreneur is not liquidated, and stops operations. The activities of an individual entrepreneur may be terminated voluntarily or by court order or other bodies, endowed with legislation of the Republic of Belarus on the adoption of such decisions.
Termination of activity of the individual entrepreneur in several stages:
1. Submission of a relevant application to the state registration authority at the place of registration of the individual entrepreneur.
2. Placing the publication of the termination of activities in the annex to the legal scientific journals "Justice of Belarus" and on the Internet at the official website of the magazine.
3. Notice of dismissal of employees, notification of labor bodies, Employment and Social Protection of the upcoming large-scale layoffs.
4. Filing a tax return to the tax authority at the place of registration of the individual entrepreneur.
5. An inventory of the property. Drawing up the inventory (act).
6. Identification of creditors and debtors.
7. Satisfaction of creditors' claims.
8. Closing an account (accounts) banking institutions.
9. Transmission of documents in the archives.
10. Transfer to the registration authority to exclude from the USR of the following documents:
– print any statement about their neizgotovlenii or publishing information about their loss ads;
– the original certificate of state registration of individual entrepreneur, in its absence, – a statement of its loss with the application of information about the publication of the loss of classifieds;
– notification of the completion of the termination process of the activity with the information about the completion of settlements with creditors and the absence of accounts payable in the form, established by the Ministry of Justice of the Republic of Belarus.
11. Exclusion from the USR.
Liquidation by the bankruptcy
By eliminating the organization by bankruptcy then usually resort, when an entity is unable to repay their debts. This is practically the only legal way to avoid liability and claims by creditors. The activities of an individual entrepreneur may also be terminated in accordance with the legislation on economic insolvency (bankruptcy).
Decisions of registration authorities of liquidation of economic entities, other acts registration authorities, related to the liquidation of economic entities, They may be appealed in court, considering economic affairs.
property owner (founders, participants), Chairman of the liquidation commission (liquidator), committed violations of the requirements of legislation, governing the liquidation of the legal entity, as a result of which a legal person has been excluded from the Unified State Register of legal entities and individual entrepreneurs without applying the procedures of economic insolvency (bankruptcy), jointly and severally bear subsidiary liability for the obligations of the liquidated legal entity in the amount of unsatisfied creditors' claims.
Creditor (creditors), organs of the State Control Committee, prosecutors, the Interior, state security, tax and other authorized bodies within their competence, in this case the right to present to the court, considering economic affairs, claims concerning the imposition of vicarious liability of the property owner (founder, member), Chairman of the liquidation commission (liquidator) within three years from the date of exclusion of legal persons from the Unified State Register of Legal Entities and Individual Entrepreneurs.
Taking a decision on liquidation of the enterprise, termination of the activity as an individual entrepreneur should be clearly understood, that can not be quickly, legally and without the audit supervisory authorities to liquidate a firm, stop the activity as an individual entrepreneur. You can not do it quickly, because the order of carrying out all the necessary actions established and regulated by the legislation of the Republic of Belarus, respectively, not meeting deadlines or fulfillment of some stages, It negates the very meaning of the official liquidation, termination of the individual entrepreneur.
The current legislation is constantly changing, regulations, based on which the liquidation actions occur, also undergo changes. Therefore, before taking any action on liquidation, termination of the activity as an individual entrepreneur, I suggest to ask me for advice or to order this service.