How to do Liquidation of a legal entity
Why liquidate a legal entity?
First, you need to remember why entrepreneurs create companies at all? For profit! Someone is good, and someone is bad. But in the first and second options, after a while a person needs to close the organization. There is also a third option, when people give up cantors. But in the latter case, the fiscal services begin to charge penalties for non-filing of tax reports, and the VAT payer certificate is canceled. And they may even block the activity, in such a situation it will be difficult for the enterprise to restore or terminate.
Therefore, it is recommended to close the company after passing all audit and state checks so that as a result, the organization in the USR will have a “Terminated” icon.
Forms of liquidation of a legal entity?
Ukrainian legislation provides two ways to get rid of a company, depending on the procedure chosen.
First! In General, this is the standard way when founders decide to close a firm. The information is entered into the unified state register of enterprises and organizations (there is no register of liquidation of legal entities), an unscheduled tax audit is appointed, as a result of which the director pays the accrued fines, the company is closed.
Second! Bankruptcy is when a company that is in debt to another company from the same company submits documents to terminate the company as insolvent.
Liquidation of a legal entity in Ukraine?
As mentioned, there are officially two ways to close an organization in our country. But in fact, there is still a third option.
The procedure for liquidating a legal entity:
- The notarized protocol on the termination of financial and economic activities;
- The current account in the bank is closed;
- A tax audit is being carried out.
After the debts are removed, the founders withdraw their shares of the authorized capital, in the USR the designation “In a state of termination” changes to “Terminated”.
As for the third option, it is express liquidation LLC. Here the purchase and sale of an LLC is formalized, if you need to quickly get rid of one company and acquire another.
Documents for liquidation of a legal entity?
If a decision was made to terminate economic activity according to the standard procedure, then the lawyer must prepare the following package of papers for the state registrar:
- Protocol;
- Card of the established sample;
- Application to the bank to close the current account (then it is recommended to make a certificate of lack of funds and complete closure of the account);
- Letter to the State Tax Inspection with a request to initiate a tax audit.
Important! After the designation “Terminated” appears in the USR, the information about the company will remain in the database forever. To permanently delete the data about the company, you will have to connect the executive service.