According to the rating of the World Bank, Ukraine occupies 140th place among 178 countries by the complexity of liquidation.
Our country is a paradox that poses an obstacle not only to those who create the LLC, but wishing to destroy it. It turns out to liquidate the company, including the Company, not less difficult than to create it and register.
Thus, under Part 4 of Art. 19 of the Law on Business Associations Ltd liquidation by a decision of the supreme organ of society or by a decision of Economic Court on presentation of bodies that monitor his activities, in the case of systematic or flagrant violation of the law. The decision on the liquidation of the company by simple majority vote of its members. With this purpose in accordance with Parts 2, 3 and 4. 61 of the Law on Business Associations Chair Company, its management or director, as well as members of society who hold in aggregate more than 20% of the vote, have the right at any time request to convene an extraordinary meeting of members. If within 25 days chairman of the society failed to meet the requirements of the marked, they may themselves convene a meeting of members. On holding a general meeting of participants reported no later than 30 days prior to its convening. The elimination LLC may be raised by any of its members not less than 25 days prior to the meeting (Part 5. 61 of the Law on Business Associations).
Further society or Court (Commercial Court) will appoint a liquidation commission, which transferred all powers to manage the affairs Ltd (parts 1 and 2. 20 of the Law on Business Associations). Sometimes it is necessary Legal Advice That would accomplish the total elimination Ltd.
Another way to eliminate LLC, which provides Abs. 2 p. \u0026quot;in\u0026quot; Part 4 in. 19 of the Law on Business Associations - the imposition of the Economic Court decision to recognize the company bankrupt. This procedure is regulated by law of Ukraine \u0026quot;On the resumption of the debtor\u0026#39;s solvency or the recognition of its bankruptcy\u0026quot; of 14 May 1992 ¹ 2343-XII, lasts an average of about one and a half years, causing the LLC, which is owed to all around, even greater costs, such as fees of arbitration managers.
In addition, the implementation of the liquidation procedure is not the point of complete elimination LLC. Last under Art. 22 of the law on economic societies is no longer in operation since making an entry about it in the state register.
That is the procedure for the elimination of traditional LLC expressly prescribed by the legislation procedure is very long and painful. This process resembles the slow amputation without anesthesia. So clever entrepreneurial mind is trying to shift its activity is not in too much communication with state bodies, and to exercise beneficial for all activities, which resulted in a profit. This creative mind has developed several ways to deprive the state of another shake out their \u0026quot;wallet\u0026quot;, ie, LLC as the taxpayer.
For example, you can simply not give | make | to | to | GNS tax returns and accounting documents.
Then the officers called the department, using the option given to them in paragraph 17. 11 of the Law of Ukraine \u0026quot;On State Tax Service in Ukraine\u0026quot;, dated 4 December 1990 ¹ 509-XII and paragraph 33 of the Regulations on state registration, will appeal to the Court (Commercial Court) with a suit to cancel the state registration LLC. And since in this case, the removal is carried out by a court decision (Commercial Court), which will be granted registration by the representative body of STS, then the personal involvement of participants in the marked LLC Act will not need to. It is important to avoid even any, even minor movements in the accounts, otherwise the officials will have to answer to the current legislation, and it is possible that criminal.
Another way to eliminate the Company without the traditional red tape is a way out of the society of all its members on the basis of clause \u0026quot;in\u0026quot; Part 1 of Art. 10 of the Act on Business Associations, resulting in an enterprise which is by its nature, the association of property and business entities and citizens, can no longer function. Will only record the changes in the constituent documents, and then pass the seals and stamps. And further events could evolve in the scenario of the previous episode.
Thus, their business life, which soon | sooner | recalls in our country steeplechase (it should be noted, very important), the Ukrainian businessman slowly learns to live. Well, they say, difficulties | fan | temper ...
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