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05.07.2015
Interview with the head of department on work with troubled assets of Sberbank Maxim Degtyaryov about the law on bankruptcy of physical persons
- When taking the law on bankruptcy of physical persons (in December 2014), it turned out that the preparation of all participants was released just six months. Clearly, this is very little. But until recently there was no certainty in what the courts will consider the case of bankruptcy. Now it is precisely defined - the bankruptcy case citizens will be considered by arbitration courts. And of course, they need to prepare for it. A Savings Bank - yes, time to prepare - we have an understanding of our debtors who fall under the law, to whom we will make demands on bankruptcy. Already even prepared clear instructions for employees to work-as in these procedures.
29.06.2015
June 29, the President Putin signed a law that moved the entry into force of the rules of the bankruptcy of citizens on October 1, 2015. The arbitration courts need time to prepare for the additional load on judges.
The document, signed by Vladimir Putin, the entry into force of the law on bankruptcy of physical persons moved from July 1 to October 1, 2015.

To crooks under the guise failed to declare themselves bankrupt, too, will participate in the procedure for the bankruptcy trustee and the bankruptcy accept arbitration. The courts need time to prepare for the additional load on judges. Actually so the beginning of the law postponed for 3 months.
About
Consul & Rubicon, Law firm LLC was founded by the attorneys at law & consultants & trustees in bankruptcy practicing in the field of insolvency & restructuring and liquidation of enterprises in 30 May, 2006 (the main state registration number 1063435051107, taxpayer identification number 3435078350, code of tax registration's reason 343501001, location is Russian Federation, Volgograd oblast (former name Stalingrad), city Volzhsky, Lenin prospectus, Building 20, office 11 (Office Center "Staraya Ploshchad"), 404130). During 9 years the companie's specialization is liquidation and bankruptcy of enterprises. The contact person is Dmitry Zipunnikov, attorney at law since 2008 & trustee in bankruptcy since 2011. Please, feel free to phone +79023627056 or send e-mail konrub@bk.ru or skype calling dmit77757. Time zone of our location is Moskow time (UTC+3).


Methods of liquidation
Method of liquidation Description (solution to the problem) Cost Period
Change of the registration address and  the founders & management of the enterprise This is a quick procedure: change of the founders/shareholders of the company is performed by way of selling the stock/shares to a new owner while the company keeps existing. The sales and purchase transaction must be notarized to confirm the legal capacity of the new owner. From the moment of the state registration of the changes to the constituent documents the former owners cease to bear any liability for the current activities of the company. cost
basis
95 000 rubles
21 days
Reorganization of the enterprise by way of consolidation or merger with another company The main advantage of this method is as follows: In the event of successful completion of the reorganization procedure the former enterprise shall be considered to have ceased its activities upon making the respective entry into the Uniform State Register of Legal Entities. All its liabilities shall be transferred to its legal successor, including outstanding ones and those that have not been identified at the time of the reorganization. cost
basis
100 000 rubles 
3,5 months
Involuntary bankruptcy of a debtor If a company already has indebtedness to the budget and/or other creditors and no possibility to redeem it, then the bankruptcy of the debtor is the only legal way to liquidate the company, write off its indebtedness and avoid the liability of its founders and managers. The only thing that the company needs to do is to find a liquidator and a receiver who will be loyal to the debtor from the members of the self-regulating organization of court-appointed professional receivers. cost
basis
300 000 rubles
9 months
Voluntary liquidation of an enterprise by the decision of its founders Generally, voluntary liquidation is acceptable for organizations with either limited activities or totally inactive. It is also suitable for organizations that are ready to undergo tax audit, i.e. that are sure that their accounting records are well-kept and none of their contractors were fly-by-night companies. cost
basis
35 000 rubles
3,5 months
Pros and cons of different methods of liquidation
Method of liquidation Pros Cons
Voluntary liquidation of an enterprise by the decision of its founders

cost basis

35 000 rubles.

Date of performance
  3,5 months

  • Obtaining a certificate of official liquidation.
  • Ability to pre-decide the fate of the assets.
  • Legal "death" of the firm. Lack of succession to the obligations and debts.
  • If formal procedures are carried out correctly, the liquidation can not be regarded as invalid.
  • A lot of bureaucratic procedures
  • Considerable expenses: payment services of a lawyer, accountant, liquidator, the repayment of debts to the budget and creditors.
  • Long-term project: more than 4 months
  • Compulsory tax audit.
  • You must provide a certificate from the Pension Fund about the debts' absence.
Change of the founders and management of the enterprise

cost basis

95 000 rubles 

Date of performance
21 days

  • No tax audit.
  • Reasonable cost of services.
  • Short period of time: 20-30 days.
  • The signing of the act of reception - the transfer of documents.
  • Notarization of the transaction.
  • The company is removed from the tax records
  • The company is not excluded from the Uniform State Register of Legal Entities (USRLE).
  • The risks of vicarious liability.
  • The problem of finding a firm's buyer
    (although it is rather a problem of law firm).
Reorganization of the enterprise by way of consolidation or merger with another company

cost basis

100 000 rubles 

Date of performance
3,5 months

  • No tax audit.
  • The company is excluded from the Uniform State Register of Legal Entities (USRLE) as in official liquidation
  • Short period of time compared to the official liquidation: 3-4 months.
  • If formal procedures performed correctly, the reorganization can not be regarded as invalid.
  • The firm has a successor
  • It is necessary to place an ad about reorganization in the Bulletin of state registration and wait 2 months.
  • For reorganization in the form of merger it is necessary to get certificate of no debt from the Pension Fund for each of the participants in the reorganization.
Involuntary bankruptcy of a debtor
cost basis
300 000 rubles 

Date of performance
9 months

  • You will have the opportunity to appoint the bankruptcy commissioner and control the bankruptcy procedure
  • The ompany is immediately declared bankrupt and the stage of receivership is entered
  • The company's debt is officially extinguished
  • The company will be excluded from the Uniform State Register of Legal Entities (USRLE) by the decision of the Arbitration Court
  • The firm has no successors
  • Significant costs on the bankruptcy commissioner
  • Risks of vicarious liability for late filing of a bankruptcy petition.
Mandatory removal of inactive legal entities from the Uniform State Register of Legal Entities (USRLE) by the decision of tax authorities
cost basis
Free of charge

Date of performance
from 1 to 5 years

  • The company is excluded from the Uniform State Register of Legal Entities (USRLE).
  • The firm has no successors
  • If formal procedures performed correctly, the firm's deletion from the Uniform State Register of Legal Entities (USRLE) can not be regarded as invalid.
  • Free of charge
  • The decision about non-performing firm's deletion from the Uniform State Register of Legal Entities (USRLE) can be accepted only by the tax inspection: not the fact that such decision will be accepted
  • In order to create the possibility of firm's deletion from the Uniform State Register of Legal Entities (USRLE), firm should not work: this is confirmed by the lack of reporting and transactions on your checking account within one year

We hope that this table will help you to choose the right way of liquidation.

Call us or make an appointment to get free advice from our expert.

Postcode 404130 Russian Federation,
  Volgograd oblast, city Volzhsky  
  Lenin prospectus Building 20 office 11  
(Office Center "Staraya Ploshchad")
Call us: office phone +7 (8443) 41-28-81
mobile phone +7-902-362-70-56
Contact us: e-mail: konrub@bk.ru.   
Call us: skype: dmit77757

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