Reorganization of a legal entity (in the form of merger, spin-off and transformation) + step-by-step instructions on the liquidation of the enterprise: documents and features of the procedure
Hello, dear readers of the RichPro.ru business magazine! We continue the series of publications on the reorganization of legal entities and liquidation of the enterprise. So let's go!
Doing Business - It's not an easy task. It is fraught with a lot of problems. Often there are situations when it is required transform a company or even eliminate it. These processes are complex, requiring time and knowledge of their features. Therefore, we consider them in more detail.
From this article you will learn:
- Reorganization of a legal entity - what it is and what forms of reorganization exist;
- Everything about the liquidation of the enterprise - a step-by-step instruction with one or several founders;
- Features and nuances of these procedures.
The article describes in detail what a reorganization is, what needs to be taken into account when reorganizing in the form of accession, separation, transformation. Also described is a step-by-step instruction on the liquidation of an enterprise (company, organization) and much more
1. Reorganization of a legal entity - definition, forms, features and terms
Reorganization is the process by which change in the form of activity of a legal entity, association of several organizations or opposite their division.
In other words, as a result of the reorganization one firm ceases to exist, but another arises (or several), which is the assignee of the first.
The reorganization process is regulated by legislative acts: Civil Code, JSC laws, Ltd.
There are a number of features:
- several forms of reorganization can be combined in one process;
- participation of several companies is possible;
- Forms of business associations cannot be transformed into non-profit and unitary companies.
1.1. 5 forms of reorganization of legal entities
The law provides for several forms in which reorganization can take place.
1. Conversion
Transformation is a process of reorganization, in which there is a change in the legal form of the company.
2. Isolation
Selection - This is a form of reorganization in which new ones (one or several) are created on the basis of one society. The created companies are transferred part of the rights and obligations of the original. When spin-off, the reorganized company continues its activities.
3. Separation
During the separation, instead of the organization, several subsidiaries are formed, which completely take over the rights and obligations of the parent company.
4. Joining
Upon joining, the organization becomes the assignee of one or more others, whose activities cease.
5. Merger
The merger is the formation of a new organization on the basis of several, the existence of which ceases.
Step-by-step instructions on how to reorganize in the form of accession
Reorganization in the form of accession - step-by-step instruction of the procedure
Only companies with the same legal form may participate in the merger process. The form of reorganization in the form of accession is quite popular therefore we will describe it in more detail.
The procedure for reorganization by accession includes several stages:
Stage 1 Primarily, it should be decided which companies will participate in the process. Typically, such a decision is made by several interconnected organizations that have different locations.
Stage 2. A joint meeting of the founders of all affiliated companies is held. It takes a decision on the reorganization in the form of accession. At the same time, the charter of the new company should be approved, a merger agreement should be drawn up, as well as an act of transfer of rights and obligations.
Stage 3. When the decision to join is made, state registration authorities should be notified of the start of this process.
Stage 4. It is important to choose the right place where the state registration of the new company will take place. It will be the location of the organization to which other firms join.
Stage 5. An important step in the process of joining is preparation for the process.
It usually distinguishes several stages:
- notification of tax authorities with subsequent entry in the register that the reorganization process has begun;
- inventory of property of affiliated companies;
- two times with an interval of one month in the media (Bulletin) published a message on the reorganization;
- creditors notice;
- execution of a deed of transfer;
- payment of state duty.
Stage 6.Transfer of a package of necessary documents to the tax authorities, on the basis of which the IFTS performs the following actions:
- information on the termination of activities of the merged companies, as well as on changes in the legal entity to which the merger takes place, is entered in the register of legal entities;
- legal entities are issued documents that confirm the entry in the Unified State Register of Legal Entities;
- without fail informs the registration authorities of the changes that have occurred, sends copies of the decision and application for registering the termination of activity of the merged companies, an extract from the register to it.
Stage 7.End of the joining process
To join the tax authorities by reorganizing a legal entity, it will be necessary to provide the following package of documents:
- application form P16003;
- constituent documents of all participants in the process - certificates of tax registration and state registration, extract from the register of legal entities, charter and others;
- decisions of individual meetings, as well as the decision of the general meeting of companies joining the merger;
- contract of accession;
- confirmation that a message has been published in the media;
- deed of transfer.
Usually the connection takes place on time up to 3 (three) months. The cost of the procedure with the number of participants up to 3 (three) makes up 40 thousand rubles. If there will be more, for each additional company will have to pay 4 thousand rubles.
1.2. Reorganization Features
Despite the fact that the reorganization of companies of different legal forms differ from each other, it is possible highlight a number of common points in this process:
- To carry out the reorganization, a documented decision must be drawn up without fail. It is adopted by the participants, the founders of the organization or the body authorized by the constituent documents for such actions. In cases provided for by law, such a decision may be made by state bodies.
- The reorganization of a legal entity is considered completed when the state registration of the created organizations is carried out. When the procedure is carried out in the form of affiliation, a different principle applies: in this case the end of the process is considered the day when an entry was made in the register that the activities of the affiliated companies were terminated.
The reorganization of enterprises (firms, organizations)
1.3. The procedure for the reorganization of the enterprise - 9 stages
Reorganization is often the best, and sometimes the only possible way for legal entities to solve their problems.
At the same time, the Civil Code stipulates the existence of two possible forms of reorganization:
- voluntary;
- forced.
Their main difference iswho initiates the reorganization procedure.
The decision to transform a legal entity on a voluntary basis is taken by the authorized body of the company. Forced reorganization most often carried out at the initiative of state bodies, for example, the courts or the Federal Antimonopoly Service.
Forced procedure can also be carried out in accordance with the requirements of the law. This case is the transformation of a limited liability company in excess of the number of participants 50 (fifty).
It is important to note that for voluntary reorganization any methods of carrying it out can be used. Forced transformation of the company can be carried out only in the form of separation or separation.
Despite the existing possibility, forced reorganization has not received wide practical application in Russia. Conversion in most cases is voluntary.
Reorganization stages of a legal entity
The process of reorganization is largely determined by the form in which it takes place. Nevertheless, we can distinguish the main stages that correspond to absolutely all types.
Stage number 1 - making a decision on the beginning of the reorganization
Reorganization is not possible without an appropriate decision. However, there are a number of rules in accordance with which the conversion is considered approved.
For joint-stock companies (JSC), the number of meeting participants who voted for the reorganization should be not less than 75%.
If you plan to transform a limited liability company (LLC), all its participants must agree to this procedure. A different principle applies only if it is spelled out in the charter.
Often, at the first stage, disagreements arise between company participants. Therefore, when registering a legal entity the terms of the charter should be carefully considered. We already wrote about how to open an LLC in one of our issues.
Stage number 2 - a message to the tax service about the reorganization
A legal entity is given a notice to the IFTS about the decision taken 3 days. The corresponding document is filled in on the special form. At this stage, the tax office makes information about the beginning of the reorganization to the Unified State Register of Legal Entities (register of legal entities).
Stage 3 - notification of creditors of a planned reorganization
It is mandatory to inform all creditors of a legal entity that a decision has been made to reorganize the company. On this 5 daysstarting from the date of notification of the tax authorities.
Stage 4 - posting information about the upcoming reorganization in the Bulletin of State Registration
In accordance with article 60 of the Civil Code, the reorganized organization is obliged to post information about upcoming changes 2 times with an interval of 1 month.
Stage 5 - inventory
The law governing the accounting in Russia determines that in the event of a reorganization of a legal company, an inventory of its property must be carried out without fail.
Stage 6 - approval of the deed of transfer or separation balance sheet
At this stage, the following package of documents is completed:
- an act confirming the inventory of the company;
- information on receivables as well as accounts payable;
- financial statements.
Stage No. 7 - holding a joint meeting of all founders of companies participating in the reorganization
This meeting is held with the following objectives:
- approve the charter of a new company;
- approve the deed of transfer or separation balance sheet of the organization;
- form the bodies that will manage the new company.
Stage 8 - sending information about the upcoming reorganization to the Pension Fund of Russia
The period by which data must be provided to the Pension Fund is 1 (one) month from the day the separation balance sheet or deed of transfer was approved.
Stage 9 - registration of changes in tax authorities
In order to register changes to the tax authority, a specific package of documents is provided:
- application for reorganization;
- decision to carry out the conversion;
- charters of the created companies;
- at merger - the relevant agreement;
- deed of transfer or separation balance sheet;
- confirmation, which proves that a notification of upcoming changes has been sent to creditors;
- receipt confirming the fact of payment of the fee in favor of the state;
- evidence that a message has been published in the media;
- confirmation that reorganization data has been sent to the Pension Fund.
1.4. Reorganization Terms
After submitting a package of documents to state authorities, their registration begins. This procedure lasts 3 (three) business days.
In general, reorganization may take 2-3 months. The term by which it is required to complete the procedure is established in the decision on reorganization.
In case of a forced transformation, if the reorganization is not completed on time, state bodies may appoint an interim manager in order to complete the procedure.
Stages of liquidation of the enterprise - step-by-step instruction + necessary documents
2. Liquidation of a legal entity - stages, features + documents
The liquidation of legal entities is a process in which their activities are terminated, and the rights and obligations are not transferred to any successors.
There are two types of liquidation: voluntary and forced.
For voluntary liquidation requires a decision by the owners of the company.
The reasons that may lead them to liquidate the company, most often are the inexpediency of continuing to conduct business, fulfilling the purpose for which the organization was created, or the end of the term of activity.
For example, the beneficial owner of a legal entity decided that doing business at this stage is unprofitable and closing the legal entity is one of the right decisions.
For forced liquidation court decision required.
The initiators of the trial may be government bodies that believe that the organization has grossly or irreparably violated any laws.
So, the reasons for the forced liquidation may be:
- conducting activities without obtaining a license; necessary licenses;
- the implementation of prohibited activities;
- violation of antitrust laws;
- and so forth
2.1. Legal entity liquidation steps
In the liquidation of legal entities, several stages are traditionally distinguished:
Stage 1. Making a decision on liquidation, as well as registering such a decision with the Unified State Register of Legal Entities
As mentioned earlier, depending on the type of liquidation, a decision on its implementation can be made governing bodies of a legal entity or court.
Next, it should be reported that it was decided to liquidate the company, to the state registrar. Allocated to this 3 daysstarting with the decision.
For the purpose of reporting, a corresponding notice is sent to state bodies, to which an extract from the minutes of the meeting is attached.
Based on the information received, the registering authorities enter data on the beginning of liquidation into the unified state register of legal entities (USRLE).
At the same time, a written notice is sent to the legal company stating that the registry has been amended accordingly.
Stage 2. The company creates a liquidation commission in order to conduct the procedure
Liquidation commission - This is a temporary executive body, which is created by the founders of a legal entity in order to liquidate the organization.
A legal entity is obliged to form a liquidation commission. During the procedure, she will be given the authority to manage the company. Commission controls absolutely all operations of the organizationin which her property or finances are involved.
The liquidation commission may include representatives of the owners of the organization and its executive body.
In addition, it includes specialists whose knowledge may be needed in liquidation process - this is accountant, lawyer and human resources officer. If the circumstances are such that the liquidation takes place by force, representatives of the authorities that initiated the liquidation are necessarily included in the composition of the liquidation commission.
If, for some reason, the company that decided to liquidate forcibly does not create its own commission on its own, the court will appoint an authorized person to conduct the liquidation.
As part of the notice of liquidation of a legal entity, information on the composition of the liquidation commission is sent to the registration authority.
Stage 3. Notification of creditors of the beginning of the liquidation of the company
The liquidation commission collects information about the creditors of the company. Each of them should be sent information that the legal entity has decided to liquidate.
Without fail, the same information should be placed in the media.
First of all, the announcement is sent to the Bulletin of State Registration. The charter may contain a requirement to post such a message in other print media.
An essential part of such information announcements is information about where and in what order creditors can present their claims. A certain period is allotted for these purposes, which cannot be less than 60 days.
In addition to drawing up a list of creditors, the liquidation commission at this stage is trying to find funds from which the above obligations will be closed. To this end, measures are being taken to collect debt from debtors to the company, property is being inventoried and sold.
Stage 4. Preparation of the interim liquidation balance sheet
The preliminary liquidation balance sheet describes which assets belong to the legal entity, as well as existing liabilities. In addition, it reflects the company received from creditors requirements and solutionstaken as a result of their consideration.
The main part of the balance sheet drawn up during the liquidation process should reflect the mechanism that is supposed to be used to pay off existing obligations. At the same time, the established Civil Code of the Russian Federation is mandatory priority of payments. That is, repayment of the debt of the next stage cannot be made before the previous one is repaid.
In accordance with the order of payments:
- First of all, obligations to citizens are repaid, to which a legal entity is obliged to compensate for harm caused to health;
- the second stage includes carrying out a full calculation of company employees, paying them severance pay, and also final settlement on the rights of authors;
- the third stage involves the settlement of arrears of payments to the budget and extrabudgetary funds. In this case, the tax authorities reserve the right to initiate an audit of accounting by a legal entity, regardless of when the previous audit was;
- as part of the last stage, settlements are made with all other counterparties, including with bondholders of a legal entity.
Regardless of the priority are lenderswho managed to protect their investments in the company with a pledge. The repayment of such debts is carried out through the sale of collateral. Therefore, the repayment of such obligations is often carried out earlier than others.
The body that carries out the adoption of the preliminary balance in the course of liquidation is joint meeting of owners.
As soon as the document is considered, it should be reported to the registration authority. After that, based on the data received, the information in the register of information on legal entities is adjusted.
If in the process of drawing up the liquidation balance sheet it becomes clear that the funds of the legal entity will not be enough to fully repay the debt, it is mandatory to notify the Arbitration Court of the Russian Federation.
Further, liquidation should be carried out based on the law of insolvency or bankruptcy. In more detail about the bankruptcy of legal entities, we have already written in the last issue.
And about the simplified bankruptcy procedure, what stages and stages you need to go through, we wrote in another article.
Stage 5. Settlement with creditors, as well as the division of the rest of the property
As soon as the registration authority accepts information on the preliminary liquidation balance sheet, the commission should begin to pay off the obligations of the company to its creditor.
In this case, the calculations are carried out on the basis of algorithms that are reflected in the interim balance sheet.
As soon as the obligations to creditors are settled, the remaining property can be divided between the persons to whom the organization belongs. In this case, you should first pay off debts on profits that were declared, but were not paid.
If, as a result of the measures taken, any property belonging to the legal entity remains, it will be distributed among the founders. They do this in proportion to the shares invested in the authorized capital of the company.
The end of the fifth stage is the execution and approval of the final liquidation balance sheet.
Stage 6. Preparation of a package of documents required to complete the liquidation
To complete the procedure, the liquidation commission must prepare a package of documents.
It consists of:
- application for registration of liquidation of the organization;
- final liquidation balance sheet;
- documents confirming the fact of payment of duties in favor of the state;
- confirmation of the transfer by a legal entity of information about employees to the Pension Fund.
Additionally, the Federal Tax Service Inspectorate has the right to request information about the activities that were carried out as part of the liquidation process. This can be a certificate that the company has no debts to the budget, information about work with creditors and other documentation.
When the tax office has fully received all the necessary documents, it will make an appropriate entry in the register of legal entities.
This moment can be considered the date of liquidation of the organization.
An example of a package of documents for the liquidation of an LLC with one and several founders
2.2. A package of documents for the liquidation of a legal entity in LLC status
If you are interested in the liquidation of a legal entity as an LLC, we recommend that you read our article - “How to close an LLC - step-by-step instruction”, which discusses all the nuances and features of the procedures.
For clarity, we give a list of documents and samples for download by Liquidation LLC:
- Decision or protocol on the liquidation of the company. It is filled and signed by the founders at the initial stage of the entire process of closing the organization. (Download a sample decision on the liquidation of LLC);
- Interim liquidation balance sheet in the form prescribed by law (Download form 15001);
- Decision on approval of the interim balance sheet during liquidation (PSB) - (Download a sample of the decision on approval of the PSB);
- Notification of this approval of the PLB (Download Form 15003);
- Notification of the appointment of either a liquidator or a liquidation commission, depending on the number of founders (Download form 15002);
- Report on the decision to liquidate the limited liability company (Download form C-09-4);
- A document confirming the notification of creditors of the closure of the company (Download a sample notice of liquidation of creditors);
- Directly LB (liquidation balance sheet) (Download sample liquidation balance sheet);
- Decision on its approval (Download sample decision on approval of the LB);
- Application for registration of a company as liquidated in accordance with the form established by law (Download form 16001).
(rar, 272 kb). You can download a package of documents for the liquidation of an LLC with one document here. This list is exhaustive.
2.3. Features of the liquidation of joint stock companies
A distinctive feature of the liquidation of companies created in the form of joint-stock companies is the peculiarity of the separation of property remaining after debt settlement.
In the Federal Law, the implementation of such payments is strictly regulated and consists of several stages:
- In accordance with article 75 The law on joint stock companies redeems the relevant shares.
- Calculation of declared but still unpaid dividends due to holders of preferred shares. Payment of the residual value of such securities, unless otherwise specified in the Charter.
- Distribution of property balances between holders of ordinary and preferred shares.
At the same time, the transition to the next stage occurs only after the final payment of the debt of the previous stage.
If the funds are not enough to fully repay the obligations, they must be distributed among the owners of the company in proportion to the number of shares belonging to each of them.
Information on how the property was distributed should be reflected in the liquidation balance sheet. This document is approved by a joint meeting of its shareholders.
2.4. Dismissal in connection with the liquidation of the organization
Before you liquidate a legal entity, you need to deal with the dismissal of company employees.
The procedure for dismissal at the closure of the company
An important stage in the liquidation of an organization is the dismissal of its employees. It requires care and strict observance of relevant legislation.
The termination of relations with employees due to the liquidation of the organization has much in common with layoff due to layoffs. At the same time, a distinctive feature of the liquidation is that in this case, absolutely all employees are dismissed.
Accordingly, none of the categories of citizens will not have employment guarantees.It turns out that employees on maternity leave, other vacationers, temporarily disabled workers will be fired simultaneously with everyone, and this process is absolutely legal.
In order for the dismissal of employees to be lawful, the personnel service of the organization must conduct the following procedures:
- notify the employment center that it is planned to release workers;
- inform trade union organizations if necessary;
- personally to each employee to present a notice of his dismissal with an indication of the date;
- make payroll and compensation calculations and pay them to employees no later than the day of dismissal;
- issue orders for the dismissal of each employee;
- duly fill out work records of employees.
Let us dwell in more detail at some stages.
1. Notify Employment Service and Trade Unions
The obligation to properly transmit information on the release of employees in connection with the liquidation of the organization is assigned to the company by legislative acts. So, it is reflected in the law on employment.
In accordance with the legislation, a legal entity should be given information about the upcoming dismissal of employees to the regional employment center. A notification shall be compiled no later than 2 months until planned layoffs.
At the same time, it should contain information about what position an employee occupies, what are his qualifications and average salary. The form for submitting a corresponding notice is not defined by law, therefore it can be free.
It is important to understand that the employment service may establish criteria for the mass layoffs. If one is present, you need to have time to file a notification no later than for 3 months before reduction.
The management of the liquidated legal entity should pay attention to the fact that untimely notification of the employment service entails the imposition of fines. In the event of such a situation, officials will have to pay a fine of 300-500, the legal entity itself in this case will lose the amount within 3000-5000 rubles. (Information on numbers to be specified)
In cases where the dismissal of employees is massive, it will be necessary to notify trade union organizations. The time limit for this is the same as for notification of employment centers. The form with which they inform employees about the notification to the unions is not provided.
The main requirement is that this be done in writing. If the release of workers cannot be attributed to mass dismissal, trade union organizations will not be required to additionally inform about it.
2. We warn staff
The personnel services in the process of liquidation of the organization faces an important task - to timely convey information about the upcoming dismissal to employees. At the same time, each employee should be notified. Familiarization with the information is certified by signature.
Notification of employees is made using a pre-prepared document. It is compiled in arbitrary form in 2 (two) copies. One remains in the hands of the employee, the second - with his signature, returns to the personnel service.
It is important to get a personal signature from each employee indicating the date. If an employee refuses sign notice, the representative of the employer draws up an act that the information was communicated to him.
In this case, certification of such a document by at least two witnesses is required. The correct execution of the act is equivalent to notifying the employee of the impending dismissal.
It is important to notify employees within the statutory deadlines.
For this purpose, the following rules have been developed:
- permanent employees, as well as those who work in part-time organizations, must be notified no later than for 2 months before the date of dismissal;
- workers who work on the basis of temporary contracts concluded for a period of less than two months should be notified for 3 calendar days;
- relations with seasonal workers may be terminated through 7 days after appropriate notice.
If the company has business travelers, they should withdraw and notify about the upcoming dismissal on the date when they return to the workplace.
Those employees who are absent from work due to vacation or sick leave can be notified using a registered letter or courier services.
At the same time, his signature on the notification to the registered letter or on the receipt handed to him by the courier may act as confirmation of the employee’s familiarization with the information.
After a written confirmation is received from the employee, he can be exempted from further work. At the same time, labor relations are broken ahead of schedule and all compensation due to him is paid.
3. We expect payments
In case of dismissal of employees due to liquidation of the organization, all payments due to them must be fully paid on the last business day.
In this case, the employee is supposed to:
- wages for hours actually worked;
- monetary compensation for unused vacation days (including additional);
- severance pay in the amount of the average monthly wage (for seasonal workers - for half a month);
- compensation provided by law in case of early termination of the employment contract.
If an employee fails to get a new job for 2 monthsfollowing the date of reduction, he is expected to receive from the employer the average wage for the second month of the job search period.
In this case, you will need to present a work book. Moreover, the organization is obliged to pay employees average wages for the third month if, within 14 days from the date of dismissal, they register with the employment service, where they will be issued a certificate stating that they are still considered unemployed.
4. We draw up documents
As with the traditional dismissal, in the event of termination of relations with an employee due to liquidation of the organization, issue an order and fill out a work book, which is issued in the hands of the employee. These procedures represent the final stage of the relationship between the employer and the employee.
The date of formation of the order of dismissal is the last working day of the employee. This document is mandatory passed to the employee for review, as evidenced by his signature on the order.
The order must be issued as standard T-8 formapproved by the Statistics Committee. As soon as the personnel department receives a copy of the order certified by the employee, she fills out the labor book.
In case of dismissal of employees due to liquidation of a legal entity, a reference to Article 81 of the Labor Code of the Russian Federation, paragraph 1, part 1. In this case, it will serve as the basis for termination of the relationship between the employee and the organization.
On the date of dismissal, the work book must be transferred to the employee. This can be done personally in the hands of a signature, or by sending it by registered mail.
It is important to remember that at all stages of the dismissal of an employee, you must obtain his signature:
- in confirmation of familiarization with the notification of the upcoming dismissal;
- on order;
- on the receipt confirming receipt of the work book.
If for some reason the employee’s signature on these documents cannot be obtained, this fact is mandatory recorded by an act in the presence of witnesses.
Refusal to affix a signature on relevant documents by employees in case of reduction is not uncommon.
Moreover, in protest, employees unite, threaten the employer with a court and labor inspectorate, and under no circumstances agree to sign documents for dismissal. Most often, the negative side of the leadership and personnel service comes from those categories of citizens who, under other circumstances, would have been protected from dismissal.
When liquidating a company, the principle of the inability to dismiss preferential categories of employees It does not work.
HR personnel should approach the dismissal process with maximum responsibility in order to avoid troubles.
It is important to comply with all stages of the procedure, as well as the necessary time. This will protect personnel in the event that an employee of the organization goes to court.
It is important to understand that during the liquidation, the personnel department is not easy. They must not only communicate with colleagues, but also prove to them that dismissal is made by law, persuade to affix the necessary signatures on the documents.
From a moral point of view, they are under tremendous pressure, because it is difficult to maintain composure when a large number of employees (including oneself) are to be fired.
3. Conclusion + video on the topic
Often in the process of doing business, problems arise that can be solved only by liquidating or transforming a legal entity. The decision on such procedures can be made not only voluntarily, but also forcibly judicial authorities.
Reorganization can be carried out in several forms. With a voluntary initiative, there is an opportunity to choose one of five, if the initiator is government agencies - from two.
The right choice of form for reorganization at this stage will allow you to conduct business in the future most effectively.
Reorganization, as well as liquidation- The processes are very long and complex. They are strictly regulated by legislative acts, which should be strictly observed during the procedure.
We also offer you to watch videos on the topic of reorganization and liquidation:
1. Video: Reorganization by highlighting
The video tells about two ways of reorganizing a legal entity by highlighting.
2. Video: Liquidation of a legal entity (dialogue with a lawyer)
The lawyer of a private company details the topic of liquidation of legal entities.
Dear readers! Important not to miss a single detail, competently prepare all the documents. Each stage should be carried out with the greatest responsibility in the necessary time.
The most difficult stage in the liquidation of any company is the dismissal of employees. The maximum responsibility, as well as the burden in this process lies with the personnel services. If these procedures seemed complicated for you, then perhaps you should conduct business in the status of an individual entrepreneur. Since it is much easier to open, if necessary, and close an IP in comparison with legal entities.
They should explain to employees the appropriateness of the company’s actions, prepare a huge number of documents, collect all the necessary signatures. Only in this way can they protect themselves from the consequences in the event of a decision one or several employees go to court.
All employees involved in the reorganization or liquidation should be aware that non-compliance with the regulations, as well as errors at any stage of the procedure, may lead to problems with the law. (Therefore, some organizations use offshore in their business activities).
Moreover, in some cases, inattention and negligence of employees can lead to imposition of fines both directly on officials and the organization as a whole.
The team of Rich Pro magazine wishes you success in legal and financial matters. We hope that our material will help you pass the path of liquidation or reorganization of a legal entity without any problems. We are waiting for your ratings, comments and comments on the topic of publication.