1.4. ORGANIZATION AND LIQUIDATION OF THE ENTERPRISE
Creation of the new enterprise begins with adoption of the relevant decision. Decision on
creation the enterprises are accepted by the owner of the capital. If the capital of one person
is insufficient, is carried out search of partners in business. From the moment of making
decision on creation of the enterprise arises need of performance of a number of the
conditions determined by the legislation.
The first step is meeting of founders at which the circle legal and physical is defined persons
which are their part.
Meeting of founders approves the enterprise charter where the name, legal is specified the
enterprise address, is defined an organizational and legal form, main objectives of activity,
the size of authorized capital, the right and duty of founders, structure of firm and order is
specified managements of its activity, elimination order.
Registration of the enterprise is carried out by regional or city administration in an
establishment place enterprises in a month. For registration of the enterprise it is necessary
to submit the statement of the founder, enterprise charter, decision on creation of the
enterprise or contract of founders, certificate on payment state tax. The registered enterprise
joins in the uniform state register of legal entities. The enterprise receives the interim
certificate on registration.
Again created enterprise has to pass a stage of registration of codes of statistics in State
committee on statistics. In the registration certificate of the commercial enterprise according
to operating qualifiers specify codes, like the
NCBO · National Classifier of Businesses and
Organizations; KOPF (The qualifier of organizational and legal forms of managing
subjects); QFO (Qualifier of Forms of Ownership) AND ETC.
The enterprise surely is registered and in the State Tax Administration, opens the settlement
bank account. In the cases established by the law, licenses for the right of implementation
are made out separate kinds of activity The created enterprise can function unlimited time,
except for those cases, when the enterprise is created for achievement of a specific goal and
liquidated after its achievement in the term stipulated in the charter.
In all other cases the termination of activity happens in its voluntary consent owners, or
according to the decision of judicial authorities.
About liquidation of the enterprise the message is published in press organs. Term is
provided to creditors for presentation of claims.
At elimination a certain order is observed. First of all claims are accepted the personnel on
payment for work, then obligations of the enterprise before tax authorities, property and
monetary claims of creditors.
The special case of elimination represents bankruptcy. The enterprise is declared bankrupt,
incapable to accept property and monetary claims of creditors. Liquidation of the enterprise
it is carried out according to the decision of arbitration court. Elimination of the legal entity
is considered complete, and the legal entity stopped existence after introduction about it
record in the uniform state of legal entities.
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