We ensure professional, reliable and effective solutions for reporting all changes and liquidation of the companies, including debt recovery and liquidation of assets.
Due to Liquidation of capital companies and partnerships is a complex process. Thanks to entrusting it to our firm a team of best consultants will work to ensure that the process is carried out smoothly and correctly.
Liquidation of capital companies
We conduct the process of liquidation of capital companies due to reasons listed in the Commercial Companies Code, including: for reasons provided in the articles of association, due to bankruptcy of the company, as a result of company dissolution by a shareholders’ resolution, due to the relocation of the registered office of the company abroad confirmed by a notarial deed, other reasons consistent with legal regulations.
Stages of the process
The moment of liquidation procedure commencement depends on the cause of company dissolution and includes: drawing up a draft resolution, signing the notarial deed, preparation of the required liquidation balance sheet, filing applications with the KRS for placing the company in liquidation, preparation of the announcement in MSiG.
Liquidation opening balance sheet
Withing 15 days after opening the liquidation process and no later than in 3 months it is necessary to draw up a balance sheet which then is submitted by the liquidators to the general meeting for approval. Of course, there can be the situation when the liquidation procedure exceeds one year. In this case the liquidators shall submit to the general meeting a report on their activities and the financial statements after the end of each financial year.
Financial statements
Financial statements should be drawn up at the moment of preceding the distribution of assets. The assets remained after satisfying or securing the creditors should be distributed among the shareholders in proportion to their shares.
Liquidation of a capital company becoming valid
The books of account of the dissolved company should be stored by a person indicated in the articles of association or a resolution of the shareholders, and in its absence by a person designated by the registry court.
Liquidation of partnerships
We liquidate partnerships for reasons listed in Article 58 of the Commercial Companies Code, including:
- for reasons provided in the articles of association,
- as a result of a unanimous resolution of all partners on partnership dissolution,
- declaration of bankruptcy of the partnership,
- the death of the partner or declaration of his bankruptcy,
- termination of the articles of association by a partner or a creditor of a partner,
- a final and non-appealable court judgement or if the partners have agreed to end the activity of the partnership in another way.
Stages of the process
1. Partnership liquidation resolution
The partnership must be dissolved by unanimous resolution of all the partners, unless the other is stated. All the partners are considered liquidators, but it is possible to appoint several of them or other people.
2. Liquidation in register
The liquidators have the right and obligation to report the registry court about the opening of the liquidation, the surnames and names of the liquidators and their addresses, the manner of representation of the partnership by the liquidators. The opening of the liquidation process is also reflected in the business name of the firm, since the words “w likwidacji” (“in liquidation”) are added to it.
3. Liquidation balance sheet
Several actions should be taken: drawning of the balance sheet, the current business should be closed, the receivables should be collected, etc.
4. Liquidation of valifity of partnership
If you want the liquidation process to be conducted effectively by qualified and experienced consultants – please contact us.
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