How can disputes with creditors and other interested parties be resolved...?

solved

... by the parties during the liquidation process? What are the rules and procedures for the distribution of assets and repayment of liabilities?

08.06.2023 11:14 444

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Photo of sikorsky.y.o Yaroslav Sikorsky

The legislation does not provide for the obligation to inform creditors in case of self-liquidation of the enterprise, except for cases of liquidation due to the bankruptcy procedure.

There is also no specifically defined method for such notification, but it is assumed that creditors should independently obtain this information from the Unified State Register.

However, it is recommended to notify the creditors in person, using a registered letter with a description of the attachment, or to deliver it in person with a signed receipt. This is necessary to avoid possible legal disputes.

It is also necessary to publish a notice on the liquidation of the enterprise in a specialized printed mass media, where the procedure and deadline for submission of claims by creditors will be indicated. The specified term should be not less than 2 months and not more than 6 months. The publication of this notice will serve as proof that you have provided notification of the liquidation, even if you have omitted to notify a particular creditor in person.

In accordance with Article 112 of the Civil Code of Ukraine, in the case of liquidation of a solvent legal entity, the demands of its creditors are satisfied in the following order:

  1. first of all, claims for compensation for damage caused by mutilation, other health damage or death, and claims of creditors, secured by collateral or in another way, are satisfied;

  2. secondly, the demands of employees related to labor relations, the author's demands for payment for the use of the result of his intellectual, creative activity are satisfied;

  3. in the third instance, requirements regarding taxes, fees (mandatory payments) are satisfied;

  4. fourthly, all other requirements are satisfied.

Claims of one queue are satisfied in proportion to the sum of claims belonging to each creditor of that queue.

If the liquidation commission refuses to satisfy the creditor's demands or evades their consideration, the creditor has the right within one month from the date when he learned or should have learned about such refusal to apply to the court with a lawsuit against the liquidation commission. According to the court's decision, the creditor's claims may be satisfied at the expense of the property remaining after the liquidation of the legal entity.

Claims of the creditor, claimed after the expiration of the term established by the liquidation commission for their presentation, are satisfied from the property of the legal entity being liquidated, which remained after satisfying the claims of creditors, declared in a timely manner.

08.06.2023 21:18

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