dissolve liquidate the same day

Dissolving and liquidating on the same day: is this allowed?

Some fences are easier than others. Although they all obey the same rules, one can legitimately wonder if it is not possible to simplify the process by carrying out all the same day procedures. So, can a business be dismantled and liquidated on the same day ? In principle, yes, but certain precautions must be taken. That said, in practice, it is still better to let a few days pass between the two…

Can a company be dissolved and liquidated on the same day?

According to the law, there is no rule imposing a minimum delay between dissolution and liquidation of a company. So, it is possible to proceed with the dissolution and the liquidation on the same day. The steps to follow to carry out this operation are the same than those necessary in the event of dissolution and traditional liquidation.

The steps to be taken to dissolve the company are the same whether it is a early dissolution or not and that the liquidator be appointed. It should however be noted that when the dissolution and the liquidation take place on the same day, there are no additional operations to be carried out, since they have already been carried out at the time of the dissolution. Materials and stocks must be sold and receivables collected, and supplier debts must be cleared.

Once these steps have been completed, it is necessary to draw up a record to note the closing of the liquidation operations. The partners (or the sole partner) will then have to approve the liquidation accounts, distribute the result and close the company. A request for cancellation to the commercial court of the place of the registered office must then be filed.

This procedure has several advantages, including that of reducing costs, since it is then not necessary to publish two legal notices. You have been warned! : before proceeding with the dissolution and liquidation on the same day, it is advisable to contact the registry of the commercial court to verify that he accepts this type of procedure. Some instances may indeed refuse to deregister a company dissolved and liquidated on the same day.

Advantages of liquidating and dissolving a company a few days later

He's advisable to most companies in dissolve and liquidate their activities within one day to avoid the rejection of their file by the registry of the commercial court. This initiative avoids, among other things, the publication of an additional legal notice.

Le dissolution process includes the following steps:

  • Decision of the partners and drafting of the minutes of the general meeting or of the decision of the sole partner,
  • Publication of the dissolution decision in a medium authorized to receive legal announcements (SHAL),
  • Completion of a modification declaration form (M2),
  • Constitution of a file and filing of a request for amending registration in the trade and companies register.

La liquidation closing will include the following steps:

  • Vote on the closure of the liquidation, approval of the single account and establishment of the minutes,
  • Publication of the decision to close liquidation operations in a SHAL,
  • Completion of a cancellation declaration (M4 form),
  • Filing of a request for removal from the trade and companies register.
 

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What is the difference between dissolving and liquidating a company?

Reply :

Dissolution is the process by which a business is declared officially dissolved and will cease all business activity. Liquidation is the process by which the assets and liabilities of the business are distributed among the various stakeholders.

Is it allowed to dissolve and liquidate a company on the same day?

Reply :

Yes, it is possible to dissolve and liquidate a company on the same day. However, this can be complex and requires legal and accounting knowledge to ensure that all aspects of dissolution and liquidation are taken into account.

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