In certain situations, a legal entity cannot continue to operate in the form in which it previously acted, however, there is no need for a complete liquidation, in which information should be deleted from the USRLE. The fact that the reorganization of LLC in certain situations may be the most optimal and reasonable solution.
It should be noted that it is used not only when there are some problems, but also when it is possible to develop a business, etc.
The reorganization of the LLC in the first place differs from the liquidation precisely in that the transfer of succession takes place. How is this possible? Start with the fact that the reorganization of the LLC is carried out in different ways. To clarify the essence of the issue, each of them should be considered.
Reorganization of LLC in the form of accession
In this case, the duties and rights of one organization completely transfer to another, the volume of rights and freedoms of which simultaneously increases. Simply put, one LLC disappeared, and the second remained basically the same as it was. The reasons are different. A company that is a debtor can be attached, and one whose leaders decided on their own initiative to join someone.
Reorganization of LLC in the form of a merger
The merger from the merger differs primarily in that both legal entities cease to exist at once, and instead of them one new one appears, that is, enterprises simply combine their duties and rights.
Reorganization of LLC by separation
There was one enterprise, and there were two. With all this, the initial enterprise remained the same as it was, but lost some of its duties and rights. The new enterprise, of course, needs state registration.
Reorganization of LLC by separation
Two enterprises appear immediately that need state registration. Information about the organization that existed initially is deleted from the registry (USRLE).
Here are four ways or varieties of reorganization. Of course, they all come with a mandatory notification of the tax authority, creditors, extrabudgetary funds, and so on. Particular attention should be paid to creditors of reorganized enterprises.
Lenders must be notified in advance. When organizing, they can agree to the proposed conditions and become a creditor of the new LLC. If they do not agree with the changes, then they have every right to ask for the early repayment of obligations. Problems with creditors can greatly complicate and even slow down the reorganization process. It is important to act competently and tactfully.
During the reorganization, the founders can receive a share of the authorized capital of the new company or sell the existing share, receive money and cease to be listed as the founder of a particular organization.
Assistance in the reorganization of the enterprise will be provided by specialists of the Fineko company. Is it worth it to try this difficult procedure on your own? No, it’s not worth the risk once again. Professionals should do this.