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Such a different liquidation of LLC

  • November 20, 2018

Not only registration of an LLC in Moscow can be carried out in different ways. There are several varieties of liquidation of the company, each of which is suitable in certain cases.

Liquidation can be:

voluntarily;

in enforcement;

alternative cases when the organization does not cease to exist;

Bankruptcy procedure.

Voluntary process

The most common form. At the same time, the OGRN and the TIN of the organizations are completely eliminated, it ceases to be listed in the Unified State Register.

The procedure begins with the next meeting of the participants of the LLC. The main question on the agenda is the cessation of the existence of the organization. The decision should be made by all participants unanimously – only in this case you can proceed to discuss the terms and procedure of the procedure, the appointment of a liquidation commission (which usually consists of a head, accountant and lawyer).

It is worth noting that the voluntary procedure, although preferable, is quite long and complex: there is a mass of paper work and serious inspections by the tax authorities.

Forcibly

If the organization is not in the framework of the law, it does not have appropriate licenses and certificates, then the liquidation of an LLC in Moscow or any other city on a compulsory basis may well follow. Not very pleasant, but still this happens.

Only the court is entitled to oblige the management of the LLC to the enforcement procedure. It is interesting that the local tax authority acts as the initiator of the process in most cases. However, the judiciary is distinguished by a certain degree of loyalty: the lawsuit will be satisfied only if the violations of the law are very gross, and they cannot be eliminated.

Alternatives

However, if the organization, as they say, “outlined its own”, it is not at all necessary to eliminate it. There are two alternative options:

reorganization is a process when the company changes its structure;

Replacement of leadership.

These methods are good in that when they are used, the organization does not disappear at all. It is stored in the Unified State Register of Legal Enthusiastic Funds.

Bankruptcy

During this procedure, the company actually loses its entire property, which goes to pay off debts to creditors. This, we can say, is a special liquidation of firms in Moscow, which can be carried out in one of two different ways:

Forced bankruptcy begins by court decision, and one of the creditors often acts as the plaintiff;

voluntary is carried out by the prudence of the company.

It is voluntary bankruptcy that is of the highest interest, since sometimes it can become useful tools, oddly enough it sounds. But this tool is not very well familiar to the directors of the LLC, so they are in no hurry to use it.

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