Legal Encyclopedia. Letter L

LIQUIDATION OF LEGAL ENTITY

- Its termination without transfer of rights and obligations in succession to other persons. In contrast to the reorganization of the liquidation YL is not associated with the transition of his rights and obligations in succession to other persons.

YL may be liquidated:

1) by the decision of its founders (participants) or the body of the legal person authorized by the constituent documents, including in connection with the expiration of the term for which created a legal entity, with the achievement of the purpose for which it was created;

2) by a court decision, if made during its creation of gross violations of the law, if these violations irremediable or carry out activities without proper authorization (license) or any activity prohibited by law, or with other repeated or gross violations of law or other legal acts or when

systematic implementation of social or religious organizations (associations), charities or other fund activities inconsistent with its statutory goals, as well as in other cases stipulated by law.

The requirement for the liquidation of the legal entity on grounds provided for GC, can be brought to the court state body or local self-government, has been given the legal right to file such a claim. For example, in appropriate cases, claims for forced liquidation YL may be claimed by the tax authorities, the Central Bank of the Russian Federation, federal executive body for the supervision of insurance activities. The right of public bodies and local authorities to bring a claim for YL elimination depends on the competence of the relevant body enshrined in law.

Founders YL or body that made the decision on the Elimination of YL, shall immediately inform in writing of the decision adopted by the authority in charge of the state registration YL, appoint in agreement with the liquidation commission (liquidator) and establish the procedure and terms of liquidation .

If within the prescribed period the liquidation is not made, the court shall appoint a liquidator and instructs him to make the elimination of society. Those who took the decision to liquidate YL are obliged to agree with the registering authority of the liquidation commission or liquidator candidacy. The procedure and terms of liquidation are set independently by persons decided to liquidate YL, in accordance with the norms of the Civil Code and taking into account the peculiarities of the liquidated YL

In the process of liquidation, the liquidation commission (liquidator) performs the functions of the relevant authorities for YL YL managing internal and external affairs, including acting on behalf of the liquidated YL in court. During this period, the necessary legal actions on behalf of the company are made head of the liquidation committee on the basis of decisions taken by the Commission within its competence.

The liquidation commission, completing the current affairs of the liquidated YL, puts into print a message on the Elimination of Yu L organs .; take measures to identify creditors and

receipt of accounts receivable; calculated by Yu L commitments .; of interim and final liquidation balance sheets; in certain cases decide on the transfer of the remaining after satisfaction of the demand of the creditors of the property (the participants).