To declare a legal entity bankrupt, you need to prove in an arbitration court that this person is not able to pay all debts on loans or pay off mandatory payments. After declaring bankruptcy, the legal entity is subject to liquidation.
The signs of bankruptcy, the grounds on which the arbitration court can declare a legal entity insolvent and other important information concerning this issue are contained in the articles of the Federal Law of the Russian Federation of October 26, 2002 No. 127-FZ. As for the consequences of bankruptcy, Article 65 of the Civil Code of the Russian Federation states that an insolvent legal entity must be liquidated by decision of an arbitration court.
It should be noted that the above-mentioned Law No. 127-FZ is not valid when it comes to the bankruptcy of religious organizations, state-owned enterprises, institutions and political parties. Also, its requirements may not be taken into account if the issue of bankruptcy of foreigners is being resolved or the creditors are residents of other states. Then the bankruptcy procedure will be carried out in accordance with the requirements of an international treaty and, possibly, with the participation of foreign courts.
First, you should find and prove the signs of bankruptcy of a legal entity. Such signs are considered as a long delay in payments on loans, provided that the debtor is not able to collect the required amount of money, and refusal to pay mandatory payments if a legal entity evades payments for more than three months and is unable to fulfill its monetary obligations. Moreover, it is important to take into account that the total amount of debts must be at least 100,000 rubles, otherwise the bankruptcy case will not be considered.
When signs of bankruptcy appear, the founders and members of the organization can use pre-trial resolution to restore the legal entity's solvency and avoid recognition of its insolvency. In the event that they do not have the desire or ability to provide timely financial assistance, legal proceedings begin. The arbitration court makes a decision on the basis of which a legal entity is recognized or not recognized as insolvent, and then the procedure for repayment of accumulated debts is determined.
