LAW COMPANY
«NAUMENKO and PARTNERS"NAUMENKO & PARTNERS
LAW COMPANY

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LIQUIDATION (BANKRUPTCY) OF BUSINESS (TERMINATION OF ACTIVITIES OF FOP, ENTERPRISES, COMPANIES)

LIQUIDATION (BANKRUPTCY) OF BUSINESS (TERMINATION OF ACTIVITIES OF FOP, ENTERPRISES, COMPANIES)

LIQUIDATION (BANKRUPTCY) OF BUSINESS (TERMINATION OF ACTIVITIES OF FOP, ENTERPRISES, COMPANIES)

Professional support and legal assistance in liquidation of business in Kyiv and Ukraine

The lawyers of our law firm will professionally, promptly and effectively help resolve all problematic legal issues that have arisen in connection with the termination (liquidation) of the activities of any business entity in Ukraine (FPO/SPD, PP, LLC, JSC, TNC, etc.)

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Liquidation is a process in which the financial and economic activity of a business entity (a legal entity or an individual entrepreneur) is terminated, this procedure is much more complicated than the procedure for creating (registration) of a legal entity itself.

The legislation of Ukraine provides for two main methods of liquidation of business entities – liquidation by decision of the owner and bankruptcy procedure.

The main and most used in practice types of liquidation of a legal entity include the following:

  1. Voluntary liquidation of a company is the termination of the activity of a legal entity by decision of the owners (founders).
  2. Change of company management is the transfer of rights and responsibilities to new management withouttermination of the legal entity itself.
  3. Reorganization of a company is a separation, division, merger, or transformation of a company, which involves the transfer of all rights and obligations to a new legal successor.
  4. Bankruptcyof a company is the liquidation of a legal entity that is insolvent in meeting its debt obligations as a result of its economic activity.
  1. Liquidation of the company by decision of the participants/founders of the company (voluntary liquidation).

In this case, the participants (founders) make a decision on the voluntary liquidation of the legal entity, which is drawn up in the appropriate protocol and the procedure prescribed by law for the termination of the subject of entrepreneurial activity is carried out, and the final result of this procedure is the exclusion of information about the company from the Unified State Register of Legal Entities and Individuals – entrepreneurs and public organizations.

This type of termination of the activity of a business entity can take a considerable period of time, since this procedure involves the presence of inspections by relevant regulatory authorities, the dismissal of employees, the procedure for repaying payables, etc.

  1. Liquidation by changing the management of the company.

This type of liquidation refers to the so-called quick or express liquidation.

This method of liquidation is suitable for those subjects of entrepreneurial activity who intend to “sell” their business, even with existing debts in the company, by buying and selling a share in the company’s authorized capital and changing its manager, that is, in this particular case, there is a transfer of all property and non-property rights and obligations to another owner.

  1. Termination of the company through reorganization (merger, merger, division, transformation).

Reorganization of the company is carried out by the decision of the participants/founders, and in the cases provided for by the legislation of Ukraine, by the decision of the court or relevant state authorities. In case of reorganization of the company, all property, rights and obligations are transferred to the legal successor. The procedure for terminating a legal entity by means of a merger, merger, or division involves taking appropriate measures and legal procedures: submission of claims by creditors, drawing up a transfer deed, verification by the relevant supervisory authorities, deregistration and entering information on the termination of the company into the Unified State Register of Legal Entities, Individuals entrepreneurs and public organizations and making a record of the legal successor.

  1. Liquidation of the company due to bankruptcy.

Bankruptcy is a legal procedure that provides an opportunity for a Debtor who is unable to fully repay his monetary obligations to creditors, to restore his solvency or to terminate a legal entity through its complete liquidation.

The law defines the very concept of bankruptcy – it is recognized by the commercial court the inability of the debtor to restore his solvency with the help of the rehabilitation and restructuring procedure and to repay the monetary claims of creditors established in a certain manner, otherwise than through the application of the liquidation procedure.

This type of termination of the activity of a legal entity will be effective for companies with existing debt obligations. The very procedure, grounds and procedure for recognizing a legal entity as bankrupt are established and regulated by the Code of Bankruptcy Procedures.

  1. Liquidation of the company by court decisionis possible at the request of the participant/founder of the company or at the request of the corresponding authorized state body in connection with the fact that in the process of creation (registration) of the legal entity there were significant violations of the requirements of the Law, which cannot be eliminated.

The liquidation of a business is a rather complex and ambiguous procedure from the point of view of its practical application, as a rule, it is problematic for a business entity to independently navigate this problematic legal issue (choose the most optimal method and type of termination of a business entity), and therefore, with the aim of proper legal solution and settlement of this issue, there is a need to apply for urgent legal assistance to qualified and experienced lawyers who will provide effective legal protection to the Client in cases of liquidation (termination of activity) of business entities of any complexity, which unconditionally and for a long time work in the legal “Naumenko and Partners” company.

Qualified lawyers of our legal company, guided by many years of practical experience, will prepare a complete package of necessary documents and provide high-quality legal support for the procedure of closing business entities of all organizational and legal forms (FOP/SPD, PP, LLC, JSC, Cooperatives, Charitable organizations, foreign representative offices , and other).

We carry out the liquidation of subjects of all forms of ownership (LLC, PJSC (JSC), PrJSC (ZAO), FOP (SPD), PP) throughout the territory of Ukraine and of any complexity, with a guarantee.

What actions do we take:
  • We study the Client's situation and offer the optimal and best option for company liquidation services in each specific case;
  • We are looking for ways to minimize possible risks for the company not only at the stage of closing the company, but also after the completion of the process;
  • We resolve issues related to the liquidation of a legal entity (registration of a liquidation commission, conducting an inventory of property, drawing up a liquidation balance sheet, registration of the termination of employment relations with company employees, etc.);
  • We accompany the inspection by the tax office during the closing of the LLC in Ukraine, up to the receipt of certificates of absence of debt and deregistration;
  • In case of sale of the company in Ukraine - we select reliable buyers.
The cost of services for the liquidation of business entities:

Liquidation (FOP/SPD) - from UAH 3,000, term: from 30 days.

The main and most used types of company (legal entity) liquidation include the following:

Liquidation by owner's decision (voluntary liquidation) - from UAH 19,000, term: from 2 months.

In this case, the owner (founder) makes a decision on the voluntary liquidation of the company, which is drawn up by the relevant protocol and the legal entity termination procedure is carried out.

This is one of the fastest and safest ways to liquidate a company.

The final result of such a procedure is the exclusion of the company from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations and the entry of a record of termination of the legal entity.

Liquidation by selling the company and changing the composition of participants/changing the manager - from UAH 11,000, term: from 2 working days.

This type of liquidation also refers to quick ways of liquidating the company.

This method of liquidation does not involve the complete liquidation of the enterprise with the entry of a termination entry in the Unified State Register, but only the transfer of all rights and obligations to another owner, through the purchase and sale of a share in the authorized capital and the change of the company manager.

Reorganization of the company through merger, merger, division, transformation - from UAH 11,000, term: from 7 working days.

Reorganization of the enterprise is carried out by the decision of the owner (participant) or the body of the legal entity authorized to do so by the founding documents, and in cases provided for by law, by the decision of the court or relevant state authorities.

In case of reorganization of legal entities, property, rights and obligations are transferred to the legal successor.

The procedure for winding up a company through a merger, acquisition, division or transformation involves the following measures, such as meeting the deadline for presenting claims by creditors and satisfying or rejecting these claims.

The next step is the drawing up by the termination commission of the deed of transfer in the event of a merger, merger or transformation or a distribution balance sheet for the separation procedure, which must necessarily have a provision on legal succession regarding the property, rights and obligations of the legal entity that is being terminated, in relation to all its creditors and debtors, including obligations disputed by the parties.

After that, the liquidation procedure also includes checks by the controlling authorities, deregistration and entry of information about the termination into the Unified State Register indicating the legal successor.

Liquidation by Court Decision - from UAH 69,000, term: from 3 months.

This type of liquidation will be appropriate for companies with existing debts, both to creditors and to the State.

The legislation defines the concept of bankruptcy as the inability of the debtor, recognized by the commercial court, to restore his solvency by means of the rehabilitation and restructuring procedure and to repay the monetary claims of creditors established in a specified manner, otherwise than through the application of the liquidation procedure.

This is the longest and most difficult way to liquidate a legal entity.

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    Professionalism and significant practical work experience

    We provide the Client with interest-free installment payments for the rendered legal services

    A comfortable and modern office in the very center of Kyiv, next to the metro

    (100 meters from the University metro station and 4 minutes from the Teatralna metro station, as well as from the Zoloti Vorota metro station)

    We compensate the "Client" for 100% of the costs in the court case for the rendered legal services

    "The client" is guaranteed a positive result in the case we undertake

    Legal projects of work with the "Client" on a "Turnkey" basis

    We work throughout the territory of Ukraine, as well as abroad