Early dissolution and amicable liquidation to close at a lower cost
There are several ways to terminate a society. The main ones are amicable liquidation and judicial liquidation. These procedures both lead to the abolition of the company but do not have quite the same characteristics.
Indeed, the voluntary liquidation offers a much gentler approach. It involves less cost. Here, it is the shareholders who appoint the liquidator. They can also decide, with his agreement, that he will not receive no compensation.
In judicial liquidation, several actors are involved. Unlike the amicable formula, it is the court that appoints the liquidator. His intervention is generally remunerated. However, there is a procedure for simplified judicial liquidation for small businesses, faster and less expensive.
Performing an early dissolution / amicable liquidation is therefore the way to close your company at a lower cost. However, this procedure requires certain criteria to be met. It is necessary in particular:
- Que them associates agree to proceed with the early dissolution of the company, respecting the quorum and majority rules for “extraordinary” decisions,
- And that the financial situation society is healthy, in other words that it is not in a state of cessation of payments (situation recognized when it cannot repay its debts with its assets).
Save on closing your business
It is possible to minimize the cost of closing a company by doing it yourself all the steps associated with dissolution – liquidation. You can't avoid some frais (such as the filing of the deregistration request for example – around 192 euros) but you can decrease spending related to professionals such as a lawyer, an accountant or a online platform, replacing them with your own knowledge. Here are the steps to follow to fence your business properly best price :
- With regard to the formalities related to the dissolution:
- Write the minutes of dissolution,
- Write the notice of dissolution and send it to a newspaper for distribution,
- Send a request for registration of modification to the registry of the commercial court,
- With regard to the formalities related to the liquidation:
- Establish liquidation accounts and calculate the liquidation result,
- Write the liquidation report,
- Proceed to the registration of the minutes in the event of a liquidation bonus,
- Publish a legal notice of closure of liquidation,
- Proceed with the possible sharing of equity,
- Pay the sharing rights (2,5% of the liquidation bonus),
- And ask the removal from the trade and companies register.
To lower the costs related to the closure of your business, take the steps yourself. This requires legal knowledge and the ability to customize templates. By following some bonnes pratiques, you will reach close your company at a lower cost.
How to save on closing your business?
Two tips can help you reduce costs: only carry outa single legal notice et use an inexpensive external service provider.
Publish a single legal announcement
In theory, it is necessary to make two separate legal announcements to close a company:
- One to announce the dissolution of the company (about €178,80)
- One to indicate its final disappearance (about €129,60)
It is possible, in some cases, to merge these two closure announcements. This solution is available for early dissolutions which end in an amicable liquidation and whose duration does not exceed one month. However, it is necessary to verify that the registry of the commercial court agrees to strike off a company using a single certificate of publication of a legal announcement.
Use the services of a legal platform
Sites offer close online companies : Legal Agency, Legalstart, Captain Contract, LegalPlace, Contract Factory… They offer attractive rates (approximately €150 excluding taxes, excluding disbursements). However, it is possible that the the amount final is higher than the basic price indicated, because certain options can increase the bill (insurance "anti-rejection" of the registry or telephone conversation with a lawyer, etc.).