Distribution of Assets of Liquidated Company

Legal services (legal assistance) in disputes on the distribution of property of a legal entity liquidated or excluded from the Register of Legal Entities

Litigation and Dispute resolution

Situations related to the need to determine the legal fate of the property of a legal entity that was liquidated or excluded from the Unified State Register of Legal Entities at the initiative of authorized authorities are very common in practice. This is due both to an erroneous omission in the accounting of the company's property during its liquidation, and to giving tax inspectorates the right to exclude legal entities from the Unified State Register of Legal Entities on their own initiative.

In accordance with paragraph 5.2 of Art. 64 of the Civil Code of the Russian Federation in the event of discovery of the property of a liquidated legal entity excluded from the unified state register of legal entities, the interested person or authorized state body has the right to apply to the court with an application for the appointment of a procedure for distributing the discovered property among persons entitled to it. In this case, the court appoints an arbitration manager who is responsible for distributing the property of the liquidated legal entity.

The procedure for considering disputes on the distribution of property of a liquidated company

Disputes on the distribution of property of a legal entity liquidated or excluded from the Unified State Register of Legal Entities are subject to consideration by arbitration courts.

An application for the appointment of a procedure for the distribution of the discovered property of a liquidated legal entity may be submitted within five years from the date of entering information on the termination of the legal entity into the Unified State Register of Legal Entities.

In the process of considering a dispute, information messages are published on the appointment of a procedure for distributing the property of a legal entity in order to notify creditors about this. When identifying creditors after the appointment of a property distribution procedure, the court must take into account their rights when distributing property.

Also, a report is prepared by the arbitration manager after the appointment of the procedure for distributing the property of a liquidated legal entity, which determines the presence of the company's debts, takes into account the claims of creditors, as well as the volume of undistributed property. The report is considered by the court, which issues a judicial act on the completion of the distribution of property of a legal entity liquidated or excluded from the Unified State Register of Legal Entities.

Before choosing the means and method of legal protection, we conduct an in-depth analysis of the case materials and form an action plan, since from the very beginning there must be a plan and strategy for a legal position in a court case. After choosing the means and method of legal protection, it is necessary to act, making every effort, to achieve the intended result in court.

How do we work?

01.
You send us a request to
e-mail info@brace-lf.com 
or call on +7 (499) 755-56-50
02.
Preliminary analysis and
initial consultation
03.
Conclusion of legal services agreement
04.
Preparation of the claim
(if a claim procedure is
provided)
05.
Preparation of documents for the court and performing other procedural actions
06.
Representation in the court
07.
Enforcement

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