Cancellation of the reorganization of a legal entity is a complex and rather lengthy process. Alas, regardless of the reason, changing the decision to reorganize is not easy. The matter will not be limited to one filing of the corresponding application to the registering authorities. You need to go to court.
It is necessary
- - the decision of the founders of the enterprise to cancel the reorganization;
- - refusal of the registering authority to cancel the reorganization;
- - a lawsuit against you to refuse to cancel the reorganization of the enterprise;
- - a court decision in your favor.
Instructions
Step 1
It is known that the current legislation has not developed a detailed procedure for canceling the reorganization and the form of notification of this decision. Moreover, the law does not provide for the cancellation of the reorganization at all. Therefore, legal entities usually have to go to court to challenge the decision on further reorganization of the enterprise.
Step 2
The very scheme of actions in such a difficult situation is as follows.
First, hold a meeting of shareholders and decide to cancel the reorganization. On the basis of this resolution of the members of the company, write an application to the registering authority. In the application, ask to cancel the previously made decision, as well as to remove from the Unified State Register of Legal Entities (Unified State Register of Legal Entities) the entry on the beginning of the reorganization process.
Step 3
After submitting the application, wait for a while for the registration authority to refuse (it will be in any case, because without an appropriate regulatory framework, you will not be able to get consent to cancel registration so easily). Having received a refusal, go with him to the Arbitration Court and file a claim to declare the refusal of the registering authority illegal.
Step 4
Usually such cases are dealt with quickly, the main thing is to find a good lawyer who would deal with your claim. As a rule, the procedure itself for canceling the reorganization with the filing of an application, consideration of a litigation and a verdict takes about 3-4 months. Although the final dates are influenced by many factors. You need to be patient and persistent.
Step 5
Having received a positive court decision, contact it again with the registering authority to confirm the legality of your decision to cancel the reorganization. Please note that a court decision is so far the only way to cancel the reorganization of an enterprise at the moment.
