Business management

How to liquidate an LLC yourself

How to liquidate an LLC yourself

Video: How to Pay Yourself in a Single Member LLC | How to Pay Yourself as a Business Owner 2024, June

Video: How to Pay Yourself in a Single Member LLC | How to Pay Yourself as a Business Owner 2024, June
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In some cases, the liquidation of an LLC is the only way out so as not to increase accounts payable and preserve assets. The general rules for the implementation of this procedure for a limited liability company are established by articles 61–65 of the Civil Code of the Russian Federation and are specified by article 57 of the Federal Law “On Limited Liability Companies.

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Instruction manual

1

The liquidation of an LLC is the termination of its existence as a legal entity and a subject of civil circulation. The main feature of this process is the lack of succession, i.e. rights and obligations do not transfer to other persons.

2

According to the law, this procedure can be carried out voluntarily or forcibly on the basis of a court decision.

3

Self-liquidation is a very complex, time-consuming process. To begin with, at a general meeting of founders, the board of directors or the director makes a proposal to liquidate the company and form a special liquidation commission. From the moment of her appointment, the right to manage the activities of the enterprise passes to her. She publishes in the media printed information about the liquidation of the company, informs creditors about the upcoming procedure, as well as the procedure and timing for their claims. This period may not be less than two months from the date of publication.

4

Within three days after the final intention to close the company is documented, the commission must inform the tax authority by filling out and submitting special forms.

5

At the end of the period during which interested parties could apply to fulfill their outstanding obligations, a so-called interim liquidation balance sheet is prepared. It contains financial information about the company, its property and liabilities.

6

The next step in the liquidation process is the repayment of debts to creditors. For this there is a sequence established by law. First of all, they make payments to individuals to compensate for damage caused to health and life as a result of the main activities of the enterprise; in the second, salaries, benefits, bonuses and other employee benefits are paid. Then, obligations to the budget and extra-budgetary funds are fulfilled and other debts are repaid.

7

Further, the liquidation commission carries out a full calculation of taxes and other obligatory payments, submits declarations and deregisters the Pension Fund, Social Insurance Fund, MHIF and the Unified State Register of Enterprises, distributes the remaining assets between the founders of the company according to their shareholding.

8

The business closure procedure ends with the provision of the final liquidation balance sheet and the receipt of a certificate of state liquidation of the legal entity.

note

When deciding on the liquidation of a company, it is necessary to know that a wrong approach can lead to serious errors and negative consequences. It is best to carry out this procedure with the help of experienced and competent specialists.

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