The lawyer prepares the Decision of the General Meeting (Decision of the Single Participant) on liquidation of the legal entity.
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Publication date: 22.07.2022
Reading time: 20 minutes
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Stage
Term (days)
Cost
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1
Decision to liquidate2 UAH 2,280.00
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2
Filing of a liquidation decision2 UAH 2,280.00
The client or the lawyer, on the basis of the power of attorney, shall submit the decision on liquidation to the state registrar or notary with the purpose of entering the EGR statements on the transfer of the legal entity into the «status of suspension». The State Registrar or a notary submits a description of the documents that are submitted for the registration action.
* The cost of registration actions is paid by the customer separately
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3
Obtaining state authorities' certificates90 UAH 3,420.00
The lawyer submits applications for initiation of inspections to the State Tax Service and the Pension Fund of Ukraine. The Tax Service conducts an audit of the company for the existence of arrears in the payment of taxes and fees and mandatory payments, verifies the fact of filing accounting reports. Based on the results of the audit, a certificate of absence of debt from the State Tax Service and the Pension Fund of Ukraine is obtained. Also, the lawyer or client transfers the documents of the company to the archive, about which they receive a certificate from the archive about the transfer of documents.
* Administrative fees and obligatory payments to public authorities are paid separately by the client.
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4
Final alerting registrar3 UAH 1,140.00
After expiry of the term to submit to the creditors their claims and to obtain the necessary certificates from the state bodies, the lawyer informs the state registrar or notary with the aim of transferring the legal entity to the final status «stopped» and submits the necessary supporting documents.
* The cost of registration actions shall be paid by the client separately.
In general
97
UAH 9,120.00
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Liquidation of LLC, individual proprietor in Ukraine
The process of termination of business activity is complex, lengthy and requires knowledge of current legislation. If you do not know how this procedure works, you should involve lawyers with the relevant specialization. This material provides detailed information on how the closure of the individual proprietor in Kyiv (Ukraine) and the liquidation of LLCs (LLCs) proceed. We will analyze the process for each form of ownership separately.
Closure of LLC in Ukraine
The closure of an LLC is clearly regulated by legislation, namely:
● Chapter 7 of the Civil Code.
● Chapter 6 of the Economic Code.
● Tax Code - chapters 8, 12 and 11.
The norms of work with employees who are dismissed are regulated in the Labor Code. Closing bank accounts and settlements through financial organizations, with creditors, are described in the law "On Banking and Banks".
Closing the LLC organization: basic concepts
The process of closing an LLC is a complex of special measures related to the termination of the obligations and rights of a legal entity. The company is considered liquidated only if its data is actually liquidated from the Unified State Register. In addition, the Commercial Code clearly prescribes the conditions under which liquidation of an LLC is possible:
● The initiative of the owner of the firm.
● Expiration of the license, which gives a declaration of conducting a professional business.
● On the basis of the decision of judicial authorities, which happens in the case of conducting activities in violation of current legislation.
The duty to close the LLC rests with executive bodies acting on the basis of a court decision, or with the founders' meeting. After the closing procedure, the decision on the liquidation of the legal entity is published within 10 days in the state printed publication dealing with registration issues.
Independent closing of the LLC: the order of the procedure
If you want to understand how liquidation of an LLC takes place in Kyiv or in any other city on the territory of Ukraine, let's analyze several methods of closure based on forced or voluntary initiation.
Closing of the LLC on the basis of reorganization
Article 105 of the Civil Code of Ukraine clearly prescribes that the termination of the activity of a legal entity can be accepted by company participants, judicial authorities or other persons authorized to participate in the liquidation of organizations. After the management made an official decision to close, within 3 days the representative of the firm is obliged to visit the registration authorities and inform them about it. Further, the closing of the LLC takes place as follows:
● An authorized commission for liquidation from a legal entity or representatives of the court forms a commission for liquidation or reorganization, appoints its chairman and decides the procedure for settlements with creditors. The last point can be resolved within six months.
● After the end of payments for loans and financial debts, a balance sheet and an act are drawn up, which clearly prescribes the list of rights and obligations that are transferred to the legal entity's successors.
● If the successors undertake to pay the debts, this is indicated in the act, but only if they arose before the official decision on liquidation for the purpose of reorganization.
Closure of LLC in Ukraine by court decision
The legal entity has the right to file a lawsuit against the company's members themselves, who are interested in the closure, and the state bodies to which the object has debts or other obligations. Among these, you can mention PFU, insurance services, etc. A court decision to close a company in Ukraine is issued for the following reasons:
● In the course of its activity, the company committed violations that are subject to correction.
● The organization was registered illegally.
● The company's activities were conducted illegally.
● The company does not have a license to conduct specialized work.
● Members of the legal entity repeatedly violated the law in the course of their work.
Quick closing of the LLC
According to the Civil Code, Article 111, if liquidation is planned by the founders of the LLC, the company can take the operative route of closure. Let's note a few nuances that you need to know when organizing this issue:
● It is imperative to form a liquidation commission, which must first of all inform its creditors and debtors about the termination of operations.
● To close a company without an audit, you need to prepare a clean liquidation balance sheet that will not have debts with creditors. After closing the accounts.
● An inventory of the existing property is carried out, if necessary, a sale is put up.
● The liquidation balance sheet and the latest reporting are submitted to state bodies — FSS, PFU and DPI. The first document is approved first.
● The liquidation of an LLC in Kyiv and other cities of Ukraine takes place with the opening of a liquidation account, which is registered after all debts to third parties have been paid. All accounting and financial documents are transferred to archival institutions and stored there for 75 years. The registrar completes the closing process.
Express liquidation of the LLC may be available in the case of a zero balance, but this must be confirmed with documents proving the absence of actual economic activity, then income and expenses on the balance sheet.
Liquidation of individual proprietor in Ukraine
According to the current legislation, regardless of whether a private entrepreneur carries out actual business activities, he must pay taxes on a monthly basis. And in connection with the unstable economic situation of the country, not all individual proprietors can "pull" mandatory payments without actual income. It is not surprising that help in closing the individual proprietor is relevant now. Let's analyze the main points related to the issue of liquidation of a private entrepreneur.
How to close a individual proprietor in Kyiv and Ukraine: the main nuances
An application for termination of activity can be submitted to any state registrar. Further, in order to close the individual proprietor in Kyiv (Ukraine), it is necessary:
● Submit liquidation reporting to the authorities at the place of registration. For entrepreneurs who pay fees according to the general system, the procedure must be carried out within a month, for simplified ones the period is 40 days.
● Prepare a report on the EUS within 30 days from the moment of submission of the application.
● Pay the EUV and the single tax for the month in which the liquidation of the individual proprietor began.
After that, final settlements of mandatory payments with creditors are made. Statements of the movement of finances on the entrepreneur's accounts are issued, and the individual proprietor is removed from the records at local regulatory authorities.
The closure of the individual proprietor in Kyiv or another city is considered completed at the moment when the state registration of the termination of activity in the SDR is carried out. At the same time, before the official closure of the company, the manager is obliged to carry out the procedure for the dismissal of employees in a uniform manner, provided for by law, i.e. in accordance with the Labor Code, Article 40, Clause 1. In the future, if the entrepreneur has debts to third parties, he can be sued as a physical person
Services for closing LLC, individual proprietor
Many managers are interested in how much it costs to close an LLC or individual proprietor, if they contact a lawyer with specialized work experience. Practice shows that cooperation with specialists is beneficial for a number of reasons, for example:
Operativeness. Since the lawyer already knows the specifics of the registrar's work, the procedure for forming documents before closing and their submission, as well as being familiar with other nuances related to liquidation, the procedure takes place as quickly as possible.
No errors. The liquidation of the individual proprietor in Kyiv (Ukraine) and the closing of the LLC is often delayed for months, which is explained by improper preparation of reports, statements, and documents. As a result, registrars do not accept them and the process takes longer than planned.
Saving time. While the lawyer deals with the closing, the company manager can decide the organizational points related to the liquidation. For example, by selling furniture, real estate, maybe he will plan a new business activity, etc.
Closing an LLC: cost of service, price of liquidation of a sole proprietorship
The procedure of cooperation with a lawyer is step-by-step. At the first meeting, the specialist concludes a contract with the client for the provision of legal services. In the future, it will act in an order that corresponds to the form of economic activity and its features. Therefore, if it is planned to liquidate the LLC or close the FOP in Kyiv, the price of the services of specialists will include the following:
The first stage is the preparation of the decision of the general meeting or one participant that the legal entity is liquidated.
The finished Decision is submitted to the state registrar or notary public. The document is provided independently by the client or a lawyer with a power of attorney. The registrar is obliged to enter the received information into the EDR, that is, he indicates that the person is in a state of cessation of activity. Additionally, documents are attached, on the basis of which the registration action is implemented. As a rule, the cost of liquidation of an LLC is determined individually, depending on the specifics of the company's activities.
Obtaining documents from state bodies. The lawyer applies to the PFU and the tax office to organize inspections. The tax office conducts an audit and finds out whether the company has arrears in paying taxes and fees, checks accounting debts. PFU employees check the availability of payments. After that, the lawyer receives certificates about the absence of debts and the transfer of documents to the archive. If you plan to close the company, LLC, the price of the event at this stage should additionally include the payment of mandatory payments to state authorities.
The final stage is carried out after settlements with creditors and receipt of all necessary certificates from state authorities. A lawyer applies to the state registrar with a notification about the transfer of a legal entity to the status of closed, then he is removed from the UDR.
Liquidation of an enterprise in Kyiv: help of experienced lawyers
With the help of our Consultant service, you will be able to quickly find and contact experienced lawyers for help with the closing of the sole proprietorship and liquidation of the LLC, the cost of the service will be published on the website, and it can also be determined individually at the stage of consulting the client.
To find a specialist, download a convenient application through our website, which contains a database of contacts of the best lawyers in Ukraine. To do this, click on the "Send invitation to mobile phone" button, the download link will come to your smartphone. If you have any questions or you cannot to take an invitation, contact our support team.
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