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What are the procedures and processes for performing final settlement to dissolve the company?
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Hello HT Law Company: I am the owner and legal representative of a limited liability company, operating in the furniture business for 2 years, the current epidemic situation It's difficult and I need to change my business plan to another direction. I want to dissolve the company I am the owner of. I need your company's advice and implementation of business dissolution procedures. my company? What is the cost of dissolution documents? How long does it take to complete the dissolution procedure? Thank you!
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First of all, HT Law & Partner Company would like to send our greetings and wishes for your good health. We will then answer your questions about the above question as follows. : |
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Procedures for dissolution of a company/enterprise:
Pursuant to Articles 207, 208 of the Enterprise Law 2020 and Article 70 of Decree 01/2021 guiding business registration on conditions and procedures for dissolution of enterprises as follows:
Includes basically 2 steps:
Step 1: The enterprise posts a notice of dissolution on the national portal and after one working day, the business registration office will post the status of the enterprise undergoing dissolution procedures.
Step 2: Then the business will contact the tax authority to finalize and complete tax obligations, if any, and carry out debt payment procedures and other financial obligations, if any. After completing other financial obligations and tax obligations, the business submits documents to the business registration office to carry out procedures to delete the business name, and the status is dissolved.
Note: Before carrying out the dissolution procedures, an enterprise that has branches, representative offices, or business locations, if any, must carry out the procedures to terminate the operations of the dependent units mentioned above. above.
Implementation time depends on the status of the enterprise's legal documents to finalize and complete tax obligations.
Prohibited activities since the decision to dissolve:
1. Since the decision to dissolve the enterprise or enterprise, the enterprise manager is strictly prohibited from performing the following activities:
a) Hiding or dispersing assets;
b) Waiver or reduction of debt collection rights;
c) Converting unsecured debts into debts secured by the business's assets;
d) Sign a new contract, except in case of dissolution of the enterprise;
dd) Pledging, mortgaging, donating, or leasing property;
e) Termination of performance of an effective contract;
g) Mobilizing capital in all forms.
2. Depending on the nature and severity of the violation, individuals who violate the provisions of Clause 1 of this Article may be subject to administrative sanctions or criminal prosecution; If damage is caused, compensation must be made.
Enterprises must be responsible for debts and other financial obligations, if any. If after the enterprise has completed the dissolution and erased the enterprise's name, but the previous debts have not been completed, the creditor will still be responsible for paying the debt.< /p>
Service reference: >>> Company/enterprise dissolution settlement service
Consultation hotline: 0935289747 – Mr. Tran Huu Toan
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