An enterprise is declared bankrupt on the basis of Federal Law 127-F3 of September 27, 2002 and Article 65 of the Civil Code of the Russian Federation. An enterprise can be declared bankrupt only on the basis of a decision of an arbitration court after an investigation of the financial activities of the enterprise and an inventory of the existing property.
Necessary
application to the court
Instructions
Step 1
To declare a company bankrupt, apply to the arbitration court. If you cannot pay off your debt obligations, do not have the funds to pay wages, taxes and other deductions, but you are not going to declare bankruptcy, then employees of the company, creditors or the tax office can file an application to initiate a criminal case.
Step 2
Before considering a bankruptcy case, the court will appoint an arbitration liquidator and a commission to investigate all financial documents of the enterprise and an inventory of the existing property.
Step 3
Only on the basis of an investigation, inventory and testimony of witnesses can your company be declared bankrupt. But bankruptcy does not mean at all that you are not obliged to pay off your financial obligations assumed before third parties.
Step 4
The court will issue a decision on bankruptcy, as well as on enforcement proceedings for the seizure of the enterprise's property, its sale at auction to pay off all debts on financial obligations.
Step 5
If it is recognized that those responsible for the conduct of economic and economic activities, for example, the general director, deputies and the chief accountant of the enterprise, are to blame for the bankruptcy of the enterprise, then the inventory of the property will be made not only of your enterprise, but also of the personal property of all persons involved in bankruptcy and embezzlement.
Step 6
All property of the persons involved will be arrested, described and contributed to the repayment of the company's debts. They have no right to pick up the last housing, personal belongings and the last 25 thousand rubles. Everything else is subject to seizure.
Step 7
First of all, the debts will be paid to creditors and all existing taxes will be paid. Secondly, all workers will receive unpaid wages and compensation for the liquidation of the enterprise. Moreover, all debts will be charged a penalty in the amount of 0.1% of the amount owed for each day of delay in fulfilling financial obligations, paying taxes and wage arrears.
