Reorganization of LLC and its methods

In certain situations, a legal entity can not continue acting as it did before, but there is no need for a complete liquidation, at which the information will be deleted from the Unified State Register of Legal Entities. The fact that the reorganization of the company in certain situations may be the most optimal and reasonable way out.

Note that it is used not only when there are some problems, but also when it became possible to develop a business, etc.

The reorganization of the LLC is primarily different from the liquidation precisely because transfer of succession occurs. How is this possible? To begin with, the reorganization of the LLC is carried out in different ways. To understand the essence of the matter, one should consider each of them.

Reorganization of LLC in the form of merger

In this case, the duties and rights of one organization are completely transferred to another, the scope 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 here. There may be an enterprise that is a debtor, and then, the leaders of which decided to join someone on their own initiative.

Reorganization of LLC in the form of a merger

Merger from accession differs primarily in the fact that both legal entities cease to exist at once, and instead of them one new one appears, that is, enterprises simply unite their duties and rights.

Reorganization of the LLC through separation

There was one enterprise, and there were two. At the same time, 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 division

There are just two enterprises that need state registration. Information about the organization that existed from the beginning is deleted from the register (EGRUL).

Here are four ways or types of reorganization. Of course, all of them pass with the obligatory notification of the tax authority, creditors, extra-budgetary funds and so on. Particular attention should be paid to the creditors of the reorganized enterprises.

Lenders must be notified in advance. At the organization, they can agree to the proposed terms and become a creditor of the new LLC. If they do not agree with the changes, they have the full right to request early repayment of obligations. Problems with creditors can greatly complicate and even slow down the process of reorganization. It is important to act competently and tactfully.

Founders during reorganization can receive a share of the authorized capital of a new company or sell an existing share, receive money and cease to be considered the founder of a particular organization.

Assistance in the reorganization of the company will be provided by the specialists of Fineco. Is it worth trying to go through this complicated procedure on your own? No, it's not worth risking again. Professionals should do similar things.