The bankruptcy of a legal entity is filed in court on the basis of Article 65 of the Civil Code of the Russian Federation and Federal Law No. 127-F3 “On Bankruptcy of Legal Entities”. It is necessary to submit a package of documents to the court to investigate the circumstances that led the company to bankruptcy.
Necessary
an application to an arbitration court or to a court of general jurisdiction
Instructions
Step 1
The responsible representative of the legal entity, tax authorities or creditors who cannot receive payments on the financial payments provided may apply to the arbitration court or to the court of general jurisdiction. Also, employees of the enterprise have the right to apply to the court if they have not received wages for three or more months.
Step 2
On the basis of the application, a criminal case is initiated on the fact of investigating the causes of bankruptcy and the possibility of making settlements with everyone who suffered from this.
Step 3
At the first court hearing, a bankruptcy administrator and a commission consisting of representatives of audit firms are appointed, which will check all financial and debt documents of the enterprise to find out the reason that led to bankruptcy and the inability to pay financial obligations.
Step 4
The liquidator has the authority to continue the activities of the enterprise. If the change in economic policy and financial activity did not lead to a positive result, an inventory of the existing property is made not only of the enterprise, but also of authorized persons for financial and economic activities, which led the enterprise to complete bankruptcy.
Step 5
The entire inventory is made on the basis of a court order. Due to the sold property, debts to all creditors, tax authorities and workers are gradually paid off.
Step 6
It may take several months or years from the beginning of the consideration of the case to the final decision on the fact of the investigation. All financial debts unpaid for this period will be charged a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay on the entire amount of the debt.
Step 7
Therefore, a legally registered bankruptcy does not mean at all that all financial obligations of the enterprise will simply be written off. In any case, you will have to pay for the debts and, in addition, pay a penalty. Debts can be written off only if all authorized persons have died, and there is absolutely no property left after their death.
