Civil law. A common part. The procedure for writing off funds and satisfying creditors' claims upon liquidation of a legal entity (the most important)

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Civil law. A common part. The procedure for writing off funds and satisfying creditors' claims upon liquidation of a legal entity (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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13. PROCEDURE FOR WRITING OFF MONEY AND SATISFACTION OF CREDITORS' REQUIREMENTS DURING LIQUIDATION OF A LEGAL ENTITY

Upon liquidation of a legal entity, upon agreement of the body of the legal entity and the body that registered the legal entity, a liquidation commission and installed procedure and terms of liquidation legal entity. The liquidation commission identifies all creditors of the legal entity and notifies them of the liquidation. To do this, it places in the press that publishes data on state registration of legal entities, information on the liquidation of a legal entity, as well as on the procedure and terms for filing claims by its creditors.

Deadline for submission of claims by creditors - not less than two months.

Write-off of funds legal entity on his debts carried out on the basis of three possible situations.

1. Enough cash to pay all debts - Debts are paid as they are received.

2. Lack of funds to meet all debts - payment is made in the order of the following priority, in which the write-off is carried out according to:

1) executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the recovery of alimony;

2) executive documents providing for the transfer or issuance of funds for settlements on the payment of severance pay and wages to persons working under an employment contract, including under a contract, for the payment of remuneration under an author's agreement;

3) payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment agreement (contract), as well as for contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the State Employment Fund of the Russian Federation and compulsory health insurance funds ;

4) payment documents providing for payments to the budget and extra-budgetary funds, deductions to which are not provided for in the third priority;

5) executive documents providing for the satisfaction of other monetary claims;

6) other payment documents in the order of calendar priority (Article 855 of the Civil Code).

Creditors' claims are satisfied in the following order:

1) the claims of citizens to whom the liquidated legal entity is liable for causing harm to life or health are satisfied by capitalizing the corresponding time payments;

2) settlements are made for the payment of severance benefits and wages with persons working under an employment contract, including under a contract, and for the payment of remuneration under copyright agreements;

3) the claims of creditors for obligations secured by the pledge of property of the liquidated legal entity are satisfied;

4) the debt on obligatory payments to the budget and extra-budgetary funds is repaid;

5) settlements are made with other creditors in accordance with the law (Article 64 of the Civil Code).

3. The legal entity does not have the means to satisfy the claims of creditors - the sale of property of a legal entity at public auction is carried out.

Author: Stepanova O.N.

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