finish, solve, to erase… These three steps are essential to close the life of a company. But, in which order should I proceed to end to this one? There is, indeed, a precise order to follow. In reality, the cessation of activity of a company is always done in following a timeline specific : Resolution >> Clearance >> Erasure.
La cessation of activity of a company requires dissolve. There are various reasons for this, some at the initiative of associates (such as early voluntary dissolution or the decision not to extend the term) and others that are external (judicial dissolution, cancellation of the partnership contract). A company can also end if its but is reached or if the latter becomes unachievable. A judgment insufficiency of assets then automatically causes the dissolution.
Dissolve a company must be done according to legal formalities. In particular, it is necessary to constitute a verbal process and appoint a liquidator. A advertising must also be made in a newspaper of legal announcements. You must then submit a file to the Business Formalities Center (CFE) and include a M2 form. In all documents, the corporate name must be followed or preceded by “company in liquidation”.
From the moment a company is dissolved, it begins at once the process of liquidation. An exemption to this principle is provided for companies whose sole shareholder is a legal person, ie another company. In this case, there is no liquidation, but a universal transfer of assets (TUP). However, dissolved does not mean closed: the company continues to exist during liquidation.
Being liquidation, which cannot exceed 3 years, the liquidator will sell all goods still exist in society. This may be inventory, equipment, machinery and tools, furniture, etc. He must then recover all the credits. With the money raised and the funds in the bank account, he will pay creditors of the society. If he cannot do this, he must request a “balance sheet” from the commercial court.
Upon his arrival, the liquidator must draw up a statement of the financial situation of the company. He replaces former leaders and represents the company vis-à-vis third parties. When he has finished his mission, he makes liquidation accounts and calls the partners to decide on the end of liquidation operations. They give discharge for its management and approve the final financial statements. It is necessary, at this stage, to publish a new legal notice, in the same log as previously used.
La unsubscribe is the process that ends with the definitive and official dissolution of the company. During the month following the closing of the liquidation, the liquidator sends the CFE a delisting request. This requires justificative documents such as a certified true copy of the final liquidation accounts, a copy of the liquidation minutes, a completed and signed M4 form, the certificate of publication of the legal notice. Once the file is complete, the registry processes it and publishes an announcement in the official bulletin of civil and commercial announcements (BODACC). The company dissolved and liquidated will then cease officially to exist.
Before filing the delisting request, sharing operations can take place. If the liquidation reveals a balance (balance), the partners receive primarily in return for their investments. In case there is a surplus, they get a bonus of liquidation, which is subject to specific tax. The liquidation report must therefore have been registered prior to the collection of taxes.
Also to discover about the closures:
A1: The dissolution and liquidation of a company are the necessary steps to permanently close a business. Dissolution signifies the end of the legal life of a company, while liquidation involves the settlement of the company's remaining debts and assets.
A2: To close a company, you must first dissolve the company by taking the necessary steps for dissolution and liquidation. You must then settle all debts and close all contracts. Once all debts are settled, you must deregister the company with the competent bodies, such as the Trade and Companies Register.
A3: To close a company, you will need the following documents: a certificate of dissolution, a statement of closure of bank accounts, a statement of assets and liabilities, a statement of paid and unpaid debts, and a deregistration document with the trade and companies register.
