IS IT POSSIBLE FOR AN ENTERPRISE TO CARRY OUT STEPS OF DISSOLVING PROCEDURES SIMULTANEOUSLY AT MULTIPLE AGENCIES
QUESTION
Dear TLK Law Firm, I currently have a question and hope to hear from you as follows: My company is a limited liability company, but now because business is not effective, I want to dissolve the enterprise. So let me ask, when dissolving, can an enterprise carry out these steps at the same time at different agencies? Looking forward to your company's answer. Thank you!
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Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Enterprise Law No. 59/2020/QH14 passed by the National Assembly on June 17, 2020;
2. Circular No. 38/2015/TT-BTC issued by the Ministry of Finance on March 25, 2015 regulating customs procedures; customs inspection and supervision; export tax, import tax and tax administration for exported and imported goods;
3. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
Through the process of operation, if it is found that the existence and maintenance of the company is unstable and does not achieve its business goals, the enterprise may be dissolved. So when dissolving, can an enterprise carry out these steps at the same time at different agencies? This is the question that most customers send to TLK Law Firm.
Therefore, through this article, we - TLK Law Firm will answer your questions about When dissolving, an enterprise can carry out the steps at the same time at different agencies. or not?
Photo 1. Is it possible for an enterprise to carry out steps of dissolving procedures simultaneously at multiple agencies?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO ENTERPRISE DISSOLUTION
1. Cases of enterprise dissolution?
Dissolving a business (also known as dissolving a company) means stopping all activities as a business or organization. Dissolution occurs when a company is no longer eligible to continue operating as an organization. When an enterprise dissolves, its legal status and related rights and obligations will terminate.
According to the Enterprise Law 2020, businesses are dissolved in the following cases:
(1) End of the operating term stated in the company charter without a decision to extend;
(2) According to resolutions and decisions of the business owner for private enterprises, of the Board of Members for partnerships, of the Board of Members and company owner for limited liability companies term, of the General Meeting of Shareholders for joint stock companies;
(3) The company no longer has the minimum number of members as prescribed by this Law for a period of 06 consecutive months without carrying out procedures for converting the business type;
(4) The Business Registration Certificate is revoked, unless otherwise prescribed by the Law on Tax Administration.
Thus, according to the 2020 Enterprise Law, if it falls into one of the above cases, the enterprise will be dissolved.
2. When dissolving, can an enterprise carry out these steps at the same time at different agencies?
Dissolution of an enterprise is the process of terminating the existence of a conditional enterprise. To carry out dissolution procedures, businesses need to meet the following conditions:
- The enterprise has the ability to pay;
- Ensuring payment of the business's property obligations.
According to the provisions of law, the procedure for dissolution of an enterprise is carried out according to the following steps:
Step 1: Carry out procedures with the General Department of Customs if the enterprise has import and export activities.
Enterprises must carry out procedures for tax refund confirmation from the General Department of Customs; If the enterprise carries out import and export activities.
Step 2: Carry out procedures to complete tax obligations with tax authorities
When dissolving an enterprise, it must first carry out procedures to terminate the validity of its tax code with the tax administration agency.
Step 3: Carry out dissolution procedures at the business registration agency
The enterprise prepares documents for dissolution of the enterprise and sends it to the Business Registration Office - where the enterprise is headquartered.
Thus, the enterprise dissolution procedure is not only carried out in one agency, but step by step will be carried out in different agencies. However, business owners must proceed step by step at each agency according to the correct process, not at the same time.
3. Prohibited activities from the date of dissolution decision
According to the 2020 Enterprise Law, since the decision to dissolve the enterprise, the enterprise and enterprise managers are strictly prohibited from performing the following activities:
(1) Hiding or dispersing assets;
(2) Waiver or reduction of debt collection rights;
(3) Convert unsecured debts into debts secured by the business's assets;
(4) Sign new contracts, except for the purpose of dissolving the enterprise;
(5) Pledge, mortgage, gift, or lease property;
(6) Termination of performance of an effective contract;
(7) Mobilizing capital in all forms.
Thus, since the decision to dissolve, the business manager will not be allowed to conduct the activities listed above. If violated, depending on the nature and severity of the violation, the individual committing the violation may be subject to administrative sanctions or criminal prosecution; If damage is caused, compensation must be made.
Photo 2. Is it possible for an enterprise to carry out steps of dissolving procedures simultaneously at multiple agencies?_Hotline: 0972118764
II. SUMMARY OF THE ANSWER SECTION: WHEN DISSOLVING, CAN AN ENTERPRISE PERFORM THE STEPS SIMULTANEOUSLY AT DIFFERENT AGENCIES?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
When dissolving an enterprise, an enterprise cannot carry out the steps at the same time at different agencies, but must follow the prescribed process.
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An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
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Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the company providing the best legal services on the market, we satisfy all of the above criteria and more. will definitely be a good choice for you.
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IV. SOME QUESTIONS RELATED TO ENTERPRISE DISSOLUTION
Question 1: What conditions must be met for dissolution of an enterprise?
Reply:
According to the 2020 Enterprise Law, an enterprise can be dissolved when it meets all of the following conditions:
(1) Ensure payment of all debts and other property obligations of the enterprise;
(2) The enterprise is not in the process of resolving disputes at Court or Commercial Arbitration.
Question 2: When a business is dissolved, do employees receive salaries and other levels of support?
Reply:
According to the 2020 Enterprise Law, when going bankrupt, a business must pay all other property obligations, including employees' salaries. This is considered a necessary condition for the enterprise to complete dissolution procedures.
Question 3: How long does it take from the date of notification of dissolution status for the Business Registration Office to issue a notice of dissolution of the enterprise and change the legal status of the enterprise on the electronic information portal?
Reply:
According to the 2020 Enterprise Law, after 180 days from the date of notification of the status of the enterprise dissolution procedure without receiving a written objection from the relevant party or within 05 working days from the date Upon receiving the dissolution dossier, the Business Registration Authority updates the legal status of the enterprise on the National Business Registration Database.
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Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
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