What are the procedures and formalities involved in compulsory liquidation...?

According to paragraph 2-3 h. 1 tbsp. 110 of the Civil Code of Ukraine, a legal entity is forcibly liquidated:

1. by a court decision on the liquidation of a legal entity due to violations committed during its creation that cannot be eliminated, by a claim by a participant of a legal entity or a relevant state authority;

2. by a court decision on the liquidation of a legal entity in other cases established by law - by a claim of the relevant state authority.

The following main stages of the liquidation procedure can be distinguished:

• Notification of the state registration body about the start of the liquidation procedure.

• Notification of the regulatory authorities about the start of the liquidation procedure.

• Identification of creditors and notification of the start of the liquidation procedure.

• Sale of assets, settlements with all creditors, preparation of liquidation balance sheet.

• Dismissal of employees.

• Closure of bank accounts, cancellation of certificates, permits and exclusion from registers.

• Inspection of the controlling body.

• Obtaining certificates from the DPSU and PFU.

• Transfer of documents to archival institutions, destruction of seals and stamps.

• Entering information about the termination of a legal entity in the Unified State Register.

The list of documents that must be submitted to the relevant authorities:

• Notice to the DPS, in an arbitrary form, about the start of the liquidation procedure;

• Drawing up the final liquidation balance sheet and approving it at the meeting of the participants of the enterprise that is being liquidated, in accordance with the current legislation (Part 7 and Part 11 of Article 111 of the Civil Code of Ukraine).

• Submission of the latest reporting to the State Tax Service (SST), the Pension Fund of Ukraine (PFU) and the State Statistics Service (State Statistics) for the last reporting period. It is recommended to carry out this procedure before the end of the reporting period or within the prescribed period (paragraph 49.1 of the Tax Code of Ukraine, letter of the State Fiscal Service dated November 23, 2016 No. 7611/С/26-15-12-05-11). The report is prepared after drawing up the liquidation balance sheet, as the balance sheet is part of the income tax and single tax returns. The last tax period is the period in which the liquidation date falls (subsection 137.4.3 of the Tax Code of Ukraine). In the declarations, it should be noted that this is the latest reporting. It is also necessary to indicate the data of the decision of the founders' meeting and the date of changes in the Unified State Register (step 3), since there are no special marks in the declarations. It is recommended to submit reports in advance, and not wait for the last deadlines.

• Obtaining a certificate from the DPS and PFU on the absence of tax arrears and a single social contribution (these are forms No. 30-OPP and 11-YEV). Payment of taxes and social contributions must be made by this time. A legal entity is not considered to be removed from the tax register until receipt of a certificate in form No. 30-OPP. However, other tax liabilities may arise between the dates of the interim and final liquidation balance sheets, so they should also be paid.

• Submission of form No. 20-OPP to the DPS with updated information on the closure of taxation facilities within 10 working days after their closure.

• Closing bank accounts. When closing accounts, obtaining statements for them for the past 3 years. Accounts must have zero balances.

• Removal of seals, stamps, if any. An appropriate act should be drawn up about this (Order of the Ministry of Justice dated March 14, 2013 No. 430/5).

• Submitting documents to the state archive and obtaining a certificate about it.

• Cancellation of qualified electronic signatures (KEP) in accredited centers that issued them.