Bankruptcy of jurors. Stages, application and consequences of bankruptcy jur. faces

Issues relating to insolvency of enterprisesand organizations, are very relevant, given the current conditions. The instability of the economy, the financial crisis, overstatement of taxes and other negative circumstances create a difficult atmosphere in which it becomes difficult for small and medium-sized business owners not only to develop but also to remain afloat. Bankruptcy jur. persons and the main stages of the passage of this procedure - the topic of this article.

The concept of

A legal entity is considered insolventsolely by decision of the arbitral tribunal. And the decision is preceded by a long and time-consuming process. Bankruptcy jur. persons is a set of procedures after which the inability of organizations to satisfy the requirements of creditors and perform duties on basic payments is confirmed. To file an application with the relevant authorities, the debtor must meet certain requirements. So, for example, for the implementation of the procedure, the organization's debt should not be repaid within the last three months.

The bankruptcy procedure can be initiatedindependently by the organization itself. And in some cases, according to art. 9 of Federal Law -127, the official representing the interests of the enterprise should initiate this process.

Prerequisites

What factors lead to the fact that bankruptcy jur. persons becomes the only possible way out of a difficult situation? Today the number of ruined enterprises and organizations is continuously growing. Along with it, nonpayments to the budget and debts on liabilities to other organizations also increase. In such an environment, violations of the law in the sphere of entrepreneurial activity became quite frequent. Often the bankruptcy procedure is legal. the person is carried out on the initiative of tax authorities. A similar situation develops because debtors do not declare their insolvency, and creditors do not have the opportunity to obtain information about the solvency of these organizations.

Symptoms

Procedure of bankruptcy jur. person is controlled by the Federal Law. In Art. 65 of the Civil Code of the Russian Federation it is determined that an organization can be declared insolvent only if it is not a state enterprise, an institution, a religious association or a political party. Signs of bankruptcy jur. a person is the inability of the company to make obligatory payments and satisfy the demands of creditors.

If the debtor intends to apply tocourt, he must meet certain criteria. The main one is a certain amount of debt. Only without the implementation of compulsory payments in the prescribed period of time, procedures begin, the result of which is the bankruptcy of the jur. persons. The amount of debt to creditors must at the same time be at least 100 thousand rubles. Undoubtedly, this obligation is confirmed in the arbitration court.

How does the procedure begin?

Law on bankruptcy jur. persons - a document with which all participants of the process should be acquainted without exception. In the regulatory framework, updates are constantly updated, and therefore it is necessary to use the latest version, which includes all the changes and additions.

Insolvency (bankruptcy) legal. persons is the result of a complex, lengthy procedure that has many nuances. A person who does not have legal education and experience in this area, it is rather difficult to go through all the stages and collect independently a complete package of documents. Most owners of organizations in such cases turn to specialists, whose services, however, are quite expensive.

To have an idea of ​​how the order of bankruptcy looks like legal. person, it is necessary to distinguish its main stages.

Statement

How to file for bankruptcy jur. face? The initial stage in this procedure is the preparation of an application. He can be brought to court by the debtor himself, as well as by the creditor. Consider the situation in which the business owner, feeling the insolvency of his company, himself acts as the initiator of this process.

Voluntary bankruptcy jur. persons is a procedure in which an individual representing the interests of an organization submits an application to the arbitration court independently. This document must necessarily be signed by the founder, who has the right to do so under the statute. In most cases, they are the owner of the organization.

In order to avoid temporary delays,the statement should be entrusted to the specialist. In this case, the document will be drawn up correctly, in accordance with all norms. The procedure will not take much time, which is of interest not only to the owner of the enterprise, but also to his creditors.

Application for bankruptcy jur. a person must have a fixed form and possess the following data:

• the name of the arbitration court;
• the amount of payments claimed by creditors in accordance with the financial obligations of the debtor;
• total debt:
• information on the basis of inability to meet all requirements;
• information on documents required for debt cancellation from all accounts of a legal entity;
• information from other lending institutions (if any);
• indicating the remuneration of the arbitration administrator.

As for the arbitration administrator, hisremuneration affects the interests of all participants in the process. This amount is paid out of the debtor's property, according to the general rule. That is why the more the reward, the less money it takes to satisfy the creditor claims. And also for payments to all participants of the organization.

Observation

The first stage of bankruptcy continues to sevenmonths. During this time, a financial evaluation of the "problem" entity is made, the first meeting of creditors is held and a register of the insolvent organization is drawn up.

Insolvency (bankruptcy) legal. persons is recognized on the basis of information provided by specialists after monitoring the work of the enterprise at various stages of the procedure. At the initial stage, the organization does not stop its activities. Employees continue to fulfill their duties. But there are certain limitations in the work of government bodies. It is forbidden to perform the following actions:

• reorganize the enterprise;
• create a legal entity;
• establish branches and representative offices.

Authorized person who controlsthe activities of the debtor at this stage, is called an interim manager. This specialist compiles a report on the financial situation in the enterprise and submits it to the arbitration court.

It is worth saying that the bankruptcy procedure is oftenIt is used as a way to get away from its obligations. The action is illegal. In addition, for the deliberate bankruptcy in the Criminal and Administrative codes provides for liability.

An important stage in the monitoring procedure is the first meeting of creditors. It decides the further course of the procedure and considers the possibility of concluding an amicable agreement.

Bankruptcy jur. persons - this is a long process, which, apart from supervision, consists of external management, financial recovery and bankruptcy proceedings. The first two procedures are an alternative to the third. They are focused on restoring the solvency of the organization, while bankruptcy proceedings lead exclusively to the liquidation of the enterprise.

Financial recovery

During this procedure, the court approves a plandebt repayment. It is designed for a period of up to two years. But if the situation does not change after the expiration of the set deadline and the requirements are still not satisfied, the creditors' meeting draws a petition with the arbitration court.

Information about bankruptcy jur. persons are examined and verified repeatedly. After the financial rehabilitation, such an analysis is decisive, since the next stage in the process can be both external management and competitive production.

External management

The organization's activities at this stagesignificantly differs from the work of the enterprise at the previous stage of the bankruptcy procedure. The General Director and other management bodies are dismissed from business, and their duties are performed by an external manager. The positive moment in this period is that a moratorium is established to meet the requirements of all creditors. The debts that arose prior to the arrival of the external manager are not paid, and this enables the enterprise to restore its financial well-being.

All stages of bankruptcy jur. people have their own characteristics and nuances. Each of them is aimed at achieving any goals. Within the framework of external management, a plan is drawn up, which forms the main measures to eliminate insolvency. This can be achieved through various actions.

They restore the insolvency of the company through the following measures:

• closing of unprofitable industries;
• sale of the debtor's property;
• re-profiling the company's activities.

The term of external management is eighteen months. In some cases, by court order, this period may last longer.

Bond production

This stage is the final stage. If the conduct of the above procedures did not yield results, and the debts to creditors were not repaid, a bankruptcy proceeding is introduced. Since that moment the enterprise is already considered bankrupt.

The purpose of this procedure is to eliminateorganization and subsequent sale of its property. The bankruptcy trustee supervises the process at this stage. The term of this procedure is six months. The main function of the bankruptcy trustee is a detailed inventory and assessment of all property of the bankrupt company.

The specialist also compiles the report. In it the competitive mass is displayed, that is, the property of the debtor in full. On the basis of this report and after satisfying the requirements (as far as possible, based on the financial situation of the ruined enterprise), the court makes a decision to terminate the bankruptcy proceedings - the last stage of bankruptcy. Then the bankruptcy commissioner sends the received information to the state bodies, where the fact of liquidation of the legal entity is recorded. The entry is entered in the unified state register.

Law on bankruptcy jur. persons is called upon to improve the financial situation in the enterprise. Its purpose is not to liquidate the organization. Competition production is, as a rule, an extreme measure. Debt collection through this procedure does not always lead to results that could satisfy creditors.

The legislation envisaged severalscenarios for the development of bankruptcy procedures. At best, it can be "financial rehabilitation". At worst - the criminal liability of the founder. But in many cases, this process contributes to the improvement of the organization's activities. After passing a long and complex anti-crisis procedure, the debtor is able to pay off his creditors and fulfill all obligations. But if solvency can not be restored, the law is on the side of creditors, whose claims will be met through liquidation of the organization. If not in full, then, at least in part. The procedure, of course, can alleviate the fate of both the owner and the director of the company. Owners of an organization whose activities have found themselves in a difficult situation, the law provides an opportunity to get rid of life-long payment of debts after going bankruptcy jur. persons.

Effects

After completion of all organizational proceduresdocuments are transferred to the archive. The debtor ceases to exist, and with him the debts and debts cease to exist. Often, the bankruptcy of the Jurassic is the salvation tool for the enterprise. persons with loans. The consequences of such a procedure, however, do not always have a positive effect on the future fate of the CEO. Although in most cases after passing through all the procedures he does not lose anything and even the court can not force him to additional investments, yet there are exceptions to this rule.

Law enforcement authorities can establishcause and effect relationship between the insolvency of the organization and the actions of the founder, which will indicate a fictitious or deliberate bankruptcy. In this case, the losses of the victims, namely creditors, will have to be repaid to the perpetrator at the expense of his personal property. This mechanism can be implemented only by virtue of a court verdict. The Director-General meets his own property only with the establishment of a fact that indicates the commission of a crime of an economic nature.

Criminal liability

As already mentioned, a fictitious ordeliberate bankruptcy can lead to very unpleasant consequences. Law enforcement agencies can initiate a criminal investigation into the commission of such crimes on the basis of an application by the creditor, observer, bankruptcy commissioner, external administrator or other interested person.

Restriction of rights

The fact that the organization was recognizedinsolvent, can not affect in any way its founders. They have the right to engage in entrepreneurial activities, create new enterprises and firms, and implement various commercial projects.

But with respect to the CEO oraccountant taken strict measures. If there are serious violations during the liquidation of the company, litigation may be initiated. The result may be the denial of the right to conduct an activity.