Dismissal of an employee upon liquidation of an LLC (closure of an individual entrepreneur). Liquidation of an enterprise: execution of an order and other necessary procedures Order for liquidation of a company sample

Approval of the decision to liquidate a limited liability company (hereinafter referred to as LLC) is within the scope of powers of the general meeting of participants of such a legal entity, if the liquidation is carried out on a voluntary basis (see paragraph 2 of Article 57 of the Law “On LLC” dated 02/08/1998 No. 14-FZ, clause 3 of article 62 of the Civil Code of the Russian Federation). Also, this LLC body appoints a liquidation commission (or liquidator) and determines its composition.

It is not regulated at the legislative level exactly how many people should be included in such a commission and what are the selection criteria for its membership. Typically, the number and personal composition of the commission are determined in the charter of the LLC. However, if this is not done, these issues are resolved at a general meeting of participants (subclause 12, clause 2, article 33 of Law No. 14-FZ). Most often, the head of the LLC, one of its participants, or the chief accountant are appointed to this role, although other persons may also be selected. The law also does not contain restrictions in this part.

Even when the LLC includes only 1 participant, the liquidation of the named legal entity still requires the appointment of a liquidation commission or liquidator. Most often, the sole participant of the LLC acts as such a liquidator, although the law does not require this to be done only in this way. This function may also be performed by another person(s).

These appointments are made by decision of the sole participant of the LLC (Article 39 of Law No. 14-FZ). The link below contains an example of such a document, which can later be used as a template to fill out:

Liquidation of an LLC by decision of a court or tax authority

An LLC can be liquidated either on a voluntary basis (see our article “Step-by-step instructions for liquidating an LLC in 2015”), or forcibly, by decision of a judicial authority in situations regulated by clause 3 of Art. 61 Civil Code of the Russian Federation, including:

• At the request of a government agency or local self-government body.
• Claim by the founder (participant) of the LLC. The reason for applying to a judicial authority in this case is the impossibility of implementing the tasks assigned to the LLC upon its creation.

Presented in paragraph 3 of Art. 61 of the Civil Code of the Russian Federation, the list of grounds is not exhaustive.

Among the government agencies vested by law with the authority to appeal to a judicial authority with a demand for the forced liquidation of legal entities are the bodies of the Federal Tax Service of Russia (Clause 11, Article 7 of the Law of the Russian Federation “On Tax Authorities of the Russian Federation” dated March 21, 1991 No. 943-I).

At the same time, the Federal Tax Service itself is not authorized to issue an order to an LLC regarding the need to carry out forced liquidation. It is necessary to wait for the appropriate judicial act, since the procedure can only be carried out by a court decision.

So, the number and personnel of the liquidation commission are not regulated by the legislator. It is also not defined who exactly should act as liquidator. The legal entity independently determines the procedure for their appointment. For this purpose, relevant provisions are included in the charter of the LLC. Another option for resolving the problem is to determine the composition of the commission and appoint a liquidator at a general meeting of LLC participants or through a decision of its sole participant.

The decision to liquidate an enterprise is made quite often. But not everyone knows how to properly close a business according to the law. The intention to liquidate the company must be communicated to employees and the labor exchange. The order is drawn up properly, a sample is presented in the article. The basis for liquidation may be a decision of members of the company's board, bankruptcy, or revocation of a license to continue operating.

Dismissal due to liquidation of an enterprise - when to notify employees?

The procedure for dismissal due to the liquidation of a company is quite complex. It is necessary to inform the company's employees 2 months before the termination of the employment contract.

The information letter is drawn up in two original copies, one for the employee and the other for the organization. This will avoid litigation in the future. Employees do not always accept this news joyfully, and sometimes they refuse to sign the form, in which case it is necessary to draw up a report or send it by registered mail, a sample report

The enterprise takes as its foundation. It is worth noting that during liquidation, all employees of the company are subject to layoffs, including those who are on maternity leave or vacation. The same principles apply to them as for all other employees. After the liquidation of the company, a pregnant woman who has not found a new job receives maternity benefits from the state. And monthly child benefits. When the reason for liquidation is bankruptcy, the notice period for employees is reduced to 30 days. Company managers must wait for a court decision to declare the company bankrupt in order to comply with the norms prescribed by law.

Payments upon dismissal due to reduction

Employees who have been laid off at an enterprise are legally protected from the point of view of the law. The company's employees are paid severance pay, and if they are not employed, payments will continue through the employment center for the next two months. At the end of the period provided for by law, the citizen is assigned the status of unemployed, and he continues to receive benefits at the employment center.

How to write a dismissal order due to the liquidation of an enterprise - sample

When drawing up an order, a unified T8 form per employee or T8-a in case of mass layoffs.

How to write a resignation letter correctly?

To write an application, you must read Art. 180 part 3., And Art. 81 part 1 item 1 labor code, if they are not clear to you, contact the HR department for clarification. Sample application available via the link:

Check with the HR department which article should be included in the layoff application at your company.

How to fire the general director in connection with the liquidation of an enterprise?

To dismiss a director, it is necessary to create a liquidation commission, or this decision can be made by the meeting of founders or the sole founder. When terminating an employment contract by decision of the liquidation commission, the order is signed by the chairman. When dismissing a director, it is necessary to comply with the norms of legislation and make a full calculation:

• Compensation for layoffs is equal to at least two average monthly earnings.
• Compensation for unused vacation. It is accrued if the director was absent on vacation for a period of time established by law, even if it is several years.

Early termination of the contract with the director provides for payment for the days remaining before the termination of the employment relationship. Upon termination of the company's activities on the grounds of bankruptcy, the director must transfer his rights to the liquidator and provide related assistance in accounting for the company's assets. After the removal of powers from the director, all responsibility for the further management of the company by third parties is removed from him.

Entry in the work book about dismissal due to liquidation of the enterprise

Based on Labor Code of the Russian Federation, upon dismissal upon liquidation of the enterprise, a corresponding entry is made in the work books of employees on the basis Art. 81 part 1 item 1. Sometimes company managers try to avoid paying compensation to their employees and try to persuade them to resign by agreement of the parties or of their own free will. If the employee agrees to the company’s conditions, the entry on the basis of which the resignation letter was written is made. The order is formed on the basis of an application written by a company employee.

Order
on the liquidation of a structural unit of the organization

[day, month, year]

In order to [provide justification for the need to liquidate a structural unit], I order:

1. Before [date, month, year], liquidate the structural unit of [name of organization] - [name of structural unit].

2. Create a liquidation commission with the following composition: [fill in as required].

3. The liquidation commission will carry out a set of measures to liquidate the structural unit [name of organization] in accordance with the requirements of current legislation within the established time frame.

4. [Position, full name] within [day, month, year] organize work to release employees of the liquidated structural unit in accordance with the requirements of labor legislation.

5. [Position, full name] within [day, month, year] organize work on processing and subsequent submission to the archive of [name of organization] documents of the liquidated structural unit.

6. I entrust control over the execution of the order to [position, full name].

[position, signature, initials, surname of the manager]

The following have been familiarized with the order:

[position, signature, initials, surname]

Sample form of an order to liquidate a structural unit of an organization

Developed by: Garant Company, December 2014

The current version of the document you are interested in is available only in the commercial version of the GARANT system. You can purchase a document for 54 rubles or get full access to the GARANT system free of charge for 3 days.

If you are a user of the Internet version of the GARANT system, you can open this document right now or request it via the Hotline in the system.

Order on liquidation of LLC

In the process of closing a limited liability company, you will often be faced with the need to prepare any documents. One of these is an order to liquidate an LLC, which is created solely for internal purposes. How to compose it correctly?

There is no regulatory document that would oblige the creation of an internal liquidation order in a certain format. However, in practice, over the years, a standard template for issuing such an order has developed. It is filled out on the official letterhead of the LLC and includes:

1. Number (entered in the company’s documentation register), date and place of preparation.
2. The title is “Order on liquidation of the organization.”
3. Full name of your company.
4. Reason for liquidation (the same reason is indicated as in the minutes of the meeting of founders).
5. Liquidation period. The end date can be left open (it is almost impossible to predict); indicate the beginning of the liquidation process - the day when the founders made the corresponding decision.
6. The name of the organization that is subject to liquidation. This clause is needed to make it clear what exactly is being liquidated: the company, its branch or representative office, or a separate facility.
7. Composition of the liquidation commission.
8. Responsibilities of the chairman of the liquidation commission. From the moment of appointment, all rights of the executive body are transferred to him (clause 4 of Article 62 of the Civil Code of the Russian Federation), so they do not need to be indicated. It is worth indicating the period within which the chairman must submit to the founders the drawn up act of the liquidation commission on the work done.
9. Signature and transcript of the signature of the General Director.

You can download a sample template here. Since there is no strict format for a liquidation order, it can include an order to notify employees about the upcoming closure of the company and their dismissal, and appoint a person responsible for this (employees must be notified 2 months before dismissal, according to Article 180 of the Labor Code of the Russian Federation).

With a winding up order, you put the entire company on notice of the impending closure. Such a document is necessary to regulate responsibilities and streamline the entire liquidation process. When drawing up an order, pay special attention to the details of the company and its liquidator.

Sample order for liquidation of LLC

Sample order for liquidation of an organization

Participants of the company have the right at any time to decide to liquidate the organization, as a result of which it ceases to operate without succession (Article 61 of the Civil Code of the Russian Federation). Moreover, this decision is formalized not by an order to liquidate the LLC, a sample of which does not exist, but by the minutes of the general meeting of participants, which is drawn up in free form, but must contain the main stages of the liquidation procedure.

Making a decision on liquidation

The decision on liquidation is made at a general meeting of participants, usually an extraordinary one. The meeting must be held in compliance with the requirements of Art. 36 of the Federal Law of 02/08/1998 N 14-FZ “On Limited Liability Companies” (hereinafter referred to as the LLC Law). If all participants were present, then even if the procedure is violated, the meeting of participants at which the order to liquidate the enterprise will be adopted will be valid (Clause 5 of Article 36 of the LLC Law).

It should be noted that the decision on liquidation can only be made unanimously (Clause 8, Article 37 of the LLC Law). If one of the participants does not agree, then it will no longer be possible to liquidate the company voluntarily. In this case, the participant who initiated the liquidation must file a lawsuit for liquidation in court, but he will have to prove that the organization cannot operate or that it is difficult to carry out further activities (subclause 5, clause 3, article 61 of the Civil Code of the Russian Federation).

What exactly should participants discuss at the meeting? This is not defined by law; the liquidation procedure can be discussed in full; a decision on liquidation can only be agreed upon by all participants and a liquidation commission can be appointed. And then the selected liquidation commission will decide how to optimally organize the procedure. However, there are no requirements for the composition of the commission and positions. Participants can appoint employees of the company, they can handle the liquidation themselves, or they can involve an outsider.

But after a decision has been made and a liquidation commission has been appointed, the powers to manage the company are transferred to it (clause 3 of Article 62 of the Civil Code of the Russian Federation). The duties of the commission will include searching for and notifying creditors, collecting receivables and dismissing employees in connection with liquidation and other duties, while it is necessary to comply with established deadlines. All settlements will also be carried out by the liquidation commission, including the distribution of property between the participants.

In connection with such broad powers, the legislation regulates the responsibility of the commission for losses that it will have to compensate to participants or creditors (clause 2 of Article 64.1 of the Civil Code of the Russian Federation).

On September 1, 2017, clause 6 of Art. 57 of the Law on LLC, according to which the deadline for liquidation of the company is set at one year, the period can only be extended by judicial procedure and for no more than six months.

Therefore, after the limitation of the period of the LLC liquidation procedure comes into force, it will apparently be necessary to make preliminary preparations for liquidation, at least an inventory and reconciliation with counterparties.

If there is one participant in a society, then he makes a decision. Sometimes this is called an order to liquidate the organization; a sample of such a decision is attached to the article.

Download a sample order for liquidation of an organization

Notice of LLC liquidation

If a decision is made to liquidate, this must be reported to the tax authority. The notice period is 3 working days (Clause 1, Article 62 of the Civil Code of the Russian Federation).

It is also necessary to publish information about the liquidation in the media and notify creditors, and this responsibility also rests with the liquidation commission. This may be indicated in the order for liquidation of the enterprise, and a sample notice to creditors may be attached.

The publication in the journal "Bulletin of State Registration" also contains certain requirements - creditors must be given at least two months to present claims. In addition, identified creditors must be notified personally. Subsequently, creditors who did not receive information about the liquidation may challenge the liquidation on the grounds that the liquidation balance sheet contained inaccurate information; if there was debt, it was not reflected.

At the first stage, you must submit to the tax authority:

1. Notification in form N P15001 (approved by Order of the Federal Tax Service of Russia dated January 25, 2012 N ММВ-7-6/).
2. The decision of the sole participant or the Minutes of the general meeting of participants at which the decision was made to liquidate the company.

It is necessary to fill out the notification in form P15001 in full compliance with the established requirements; lack of data may result in refusal of registration. For example, failure to provide an email address when submitting a notice electronically became grounds for refusal. And the court supported the correctness of the position of the tax authority, indicating that this is one of the mandatory details of the applicant when sending through electronic communication channels, and its absence is a violation of the registration procedure (Resolution of the Arbitration Court of the Far Eastern District dated 02/07/2017 N F03-6510/2016 in case N A73-9918/2016).

Failure to notify the tax authority in a timely manner may result in a fine (Part 3, Article 14.25 of the Administrative Code).

Order on liquidation of an enterprise: procedure and features of issuing the document

Liquidation procedures of an enterprise begin with the adoption of an appropriate decision by its founders. Issues of stopping work are resolved by issuing an order. This order is also grounds for dismissal of employees.

There are no regulatory frameworks regulating the form and content of the order. Meanwhile, in practice, the basic requirements for the content and form of writing an order have developed. The content should reflect the reasons for the decision to liquidate, as well as the procedure for dismissing employees, indicating the timing of this procedure, indicating the officials responsible for it.

The procedure for issuing an order to liquidate an enterprise

In a number of points, the procedure and timing of issuing an order depend on the type of liquidation: forced or voluntary. Thus, the liquidation order, if the closure of a legal entity occurs voluntarily, is preceded by a corresponding decision of its founders. If there is only one founder of the enterprise, then he can also express his decision in a liquidation order. In case of bankruptcy, such a decision is not made, and the basis is the corresponding ruling of the arbitration court on the bankruptcy of the enterprise. It is also the basis for the order.

The issues of the timing of publication and storage of this order are important. So, regardless of the grounds for liquidation, it must be issued within three days from the moment the decision to close the company is made. This period is largely due to the deadline for submitting documents to the registration authority. The importance of this order lies in the fact that it is an administrative document regulating internal liquidation procedures. From the moment of its publication, the countdown of the deadlines for specific processes begins, for example, the dismissal of employees and the moments of their notification about this, as well as the deadlines for completing the procedure themselves.

Thus, from the date of publication of this document, within three more days, it is necessary to notify all employees of dismissal individually by sending the appropriate notices. In this case, at least two months must pass before the last working day. The HR department must prepare work and medical records for this day, and employees must submit work-by-hear sheets. You can learn how severance pay is calculated upon liquidation of an enterprise from the previous article. Employment authorities must also be notified of mass layoffs within the established legal deadlines.

The notice or notification of the upcoming liquidation and dismissal of employees must be in two copies and sealed with their personal signature. The document signed by the employee is placed in his personal file. For a sample notice of liquidation to an employee, see here. In the absence of such a document or the employee’s signature on it, the dismissal can be considered illegal.

Contents and sample document

The law does not establish requirements and criteria for the content of such documents; for this reason, one should focus on already established practice. As a basis, you can take the rules for drawing up such a document from any manuals on record keeping and business correspondence, or look at a sample order on our website. According to these rules, the order must have continuous numbering, name, place and date of issue. So, the document header should look like this:

• The name of the order is “Order on liquidation (name of organization);
• The order number is placed above the date under the name in the upper right part;
• On the left side, under the name, the place of compilation is indicated: locality;
• The date of the order is placed on the right side of the sheet under its number.

This design option can be taken as a sample or basis for drawing up your own order. If there is an approved letterhead of the organization, it is printed on it. The original document is compiled in a single copy.

Typical document blocks

The document must contain the date of its publication and the signature of the manager with a transcript.

Procedure for familiarizing yourself with the order

As for the moment of familiarization with employees and workers of the organization, this is done at a general production meeting under signature or individually. Signatures for familiarization can be collected on the back of the order or an appendix to the order can be provided for review. This point can be formalized as an additional clause, indicating the time frame for employees to familiarize themselves with this order and the person responsible for this point. And also write down this application, for example: “to familiarize employees against signature using the form (Appendix 1).

The application itself might look like a 4-column table:

The application must also have a name, for example: Annex 1 “Sheet for familiarizing employees with the Liquidation Order (company name). The familiarization sheet is attached or stapled together with the liquidation order. As for the terms of familiarization, the standard familiarization procedure allows no more than 3 days for this.

If the company has structural divisions or remote offices, the document is sent by email or fax.

In conclusion, it should be noted that during the liquidation procedure it is advisable to create a separate folder for liquidation documents. It should begin with the basis for liquidation - the decision of the founders or the court, and it should end with a notification to the registering authority about making a note about the liquidation of the organization in the register.

How to draw up an order for the liquidation of an enterprise using the sample

The process of liquidating an organization, regardless of the basis for such termination, is formalized by an order for the enterprise. The correctness of drawing up such a document is the key to the implementation of all necessary measures required to complete the activities of a business entity.

The order is issued and signed by the manager, the information contained in it is brought to the attention of the workforce.

The procedure in which a liquidation order must be issued is in accordance with the method in which the termination of the activities of a business entity is carried out.

In order to liquidate an enterprise voluntarily, a decision made by the founders will be sufficient. The volitional decision of the participants will not have any significance in the event of a forced termination of economic activity. The main and only basis for carrying out the liquidation process, in this case, will be the decision of the court.

The decision made by the founders to terminate the existence of a business entity is made collectively, during the meeting. It is recorded by recording it in the minutes of the meeting. The presence of a protocol containing the relevant decision is the basis for issuing an order determining the start date and timing of liquidation procedures.

In the event that the founder and director of the company are represented by a single person, the decision on liquidation is stated in the order, without the need to draw up a protocol.

The presence of a procedural act of justice on forced liquidation is the basis for the mandatory creation of an order for the enterprise.

Enterprises that show signs of insolvency can be liquidated through arbitration proceedings, with the obligatory completion of bankruptcy proceedings

Details of filling out a sample order for liquidation of an enterprise

Content design

A sample order for the liquidation of an enterprise does not have an exclusive form. Such a document must contain several blocks of mandatory information regarding the basis and process of termination of business.

An order of this type must include:

• an indication of the reason for liquidation and the further procedure in which the dismissal of the workforce will be carried out;
• time restrictions regarding the date of completion of the procedure;
• information about the working commission created to comply with legal norms during the liquidation process;
• a list of tasks and goals that are set for the chairman;
• documentary details.

For enterprises with branches, it is mandatory to prepare separate orders for each of the representative offices.

The first priority order created during voluntary liquidation is the order to terminate the separate units. The registration authority must be notified of the upcoming termination of activities.

The dismissal of a director during the liquidation of an LLC is regulated, like the dismissal of other employees, by the Labor Code.

Step-by-step instructions for liquidating a charitable foundation are provided here.

The order, which is the basis for the liquidation of a separate unit, belongs to the category of administrative documents regulating the termination of the work of the main business entity.

A sample order for the liquidation of an enterprise contains the following parts:

• table of contents;
• descriptive block;
• information materials regarding the liquidation commission;
• a description of the functions and powers assigned to such a commission.

To place an order, use the company's form. Its header indicates the name of the document; for example, it can be called an order “on the liquidation of the organization.”

Here you must indicate the name of the business entity being liquidated. In cases where a separate structural unit is liquidated, the order must contain the name of the parent enterprise.

Registration of an order is carried out by assigning it an internal individual number.

The main information block includes an indication of the reason for the termination of the legal entity, as well as the method of dismissal of persons who are in an employment relationship with the liquidated company. The same block defines the procedure and timing of the liquidation procedure.

The information block about the liquidation commission determines its composition, indicating the name and position of each of its members. Its head is also appointed by order.

The commission may include employees of an enterprise that is in the process of liquidation, who, together with the legal fact of termination of its activities, will be subject to dismissal in the general manner.

The second descriptive section provides information about the functions and limits of authority of the head of the company liquidation commission. Such a person is responsible for the formation and submission to the founders of special acts created upon completion of the liquidation procedure, for the purpose of their approval.

Standard blocks are mandatory components of the order on the basis of which the liquidation procedure will be carried out. The content of these blocks is not regulated by the legislator, but it is well-established in terms of practice.

The meaning of the name of the order must reflect the very fact of the beginning of the liquidation process and contain the name of the organization being liquidated. This name must completely coincide with the name of the enterprise indicated on the company letterhead. After completing the internal registration procedure, a serial number is affixed to the document.

The main part of the document indicates the reason on which the company is liquidated and employees are dismissed. The same block indicates the main activities that will accompany the process of terminating the activities of a business entity.

The liquidation order is a source of informing government bodies and company employees about the upcoming liquidation of a legal entity

The order determines the time period during which the enterprise will be liquidated. They may appear as a specific date or be presented as an indication of the number of days in the liquidation procedure.

The second block of the order is devoted to the creation of a liquidation commission and the definition of its terms of reference. Members of the liquidation commission are indicated by name, with the obligatory recording of their position. The person who will be entrusted with the functions of the chairman of the commission is also determined here.

The liquidation commission may include employees representing the accounting department, the economic sector, lawyers, management and production workers.

The final block determines the functional direction of the activities of the chairman of the liquidation commission.

The order is signed by the manager, and his signature is subject to decoding. A mandatory detail of the document is the date of its preparation. It is important when calculating deadlines if the order of the head of the enterprise determines the period of the liquidation procedure by the number of days, the countdown of which begins from the date of issue of the order.

Urgent liquidation of an LLC in practice takes about 3-4 months.

The nuances of liquidating a branch of a budgetary institution are discussed here.

The legal aspects of liquidating an LLC through sale are given at the link.

Termination of an enterprise's activities from an organizational point of view is impossible without issuing a special order.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and FOR FREE!

This document can be drawn up and signed exclusively by the management of the business entity that is being liquidated.

How important it is to draw up this document correctly and whether it is necessary to always have a sample order for the liquidation of an enterprise on hand will be discussed in this article.

Concept

Liquidation of an organization or enterprise is a complete cessation of the activities of a business entity.

After this procedure, the rights and obligations of the liquidated participant in market relations do not pass to the legal heirs ().

The concept of an order for the liquidation of an enterprise, sample filling, means a document of organizational and administrative purposes, on the basis of which the liquidation of a legal entity is carried out.

It is issued exclusively by the management of the organization, although the basis for its execution may not only be the personal desire of the founders ().

Legislation

The liquidation of an institution and the scheme for issuing corresponding orders is regulated by the following regulations:

• Civil Code of the Russian Federation;
• Labor Code of the Russian Federation;
• BC RF;
• Agroindustrial complex of the Russian Federation;
• Code of Civil Procedure of the Russian Federation.

The Civil Code of the Russian Federation is the main normative act that establishes the procedure for liquidation of individual entrepreneurs and legal entities.

Most of the answers to questions related to the termination of the activities of a business entity and the issuance of an order can be found there.

Since the liquidation of an organization or enterprise is associated with the dismissal of employees and the issuance of an order to terminate labor relations, reference to the articles of the Labor Code of the Russian Federation is inevitable in the process of implementing the procedure.

Termination of the activities of an individual entrepreneur or legal entity can be either voluntary or forced.

And if it is forced, then the immediate liquidation will necessarily involve procedural documents that are issued by the court.

All these points are regulated by the Code of Civil Procedure and the Arbitration Procedure Code of the Russian Federation.

Video: liquidation of a legal entity

On what basis is it drawn up?

The procedure for issuing a liquidation order depends on the method of terminating the activities of a business entity.

If the liquidation is voluntary, then to eliminate a legal entity only a separate decision of its founders is sufficient.

If the termination of the activities of a business entity is forced, then the decision of management is not taken into account. To start the termination procedure, one court decision is enough.

In case of voluntary liquidation, the founders initially make a corresponding decision. Its adoption is recorded in the minutes of the meeting.

Based on this, an order to cease activities is subsequently issued. If the founder and head of the organization is one person, then he simply records his decision in the liquidation order itself.

If the activity of a legal person is terminated forcibly, then the basis for issuing the corresponding order is a court decision.

For example, liquidation due to the unprofitability of an enterprise is carried out after a participant in market relations is declared bankrupt. And this is possible solely on the basis of a decision made by the arbitration court.

An order to liquidate an organization, on the basis of which it is possible to terminate business activities and dismiss employees, must consist of a certain number of standard blocks.

The procedure for its execution and completion is not regulated by current legislation. But, at the same time, this document is never drawn up in any form.

Firstly, when creating it, an order for the liquidation of an internal structural unit is most often used, a sample that is used during the direct operation of the enterprise.

Any other order that is issued by a legal entity in the process of carrying out business activities can also be taken as an example.

Secondly, a form is always used when preparing this kind of administrative documents.

The order itself must include the following information:

• description of the circumstances and root causes of liquidation, as well as subsequent dismissal of employees;
• time frames for carrying out all liquidation procedures;
• information on the formation of a working commission that will deal with the termination of the activities of a business entity;
• a list of tasks that must be addressed by the chairman of the liquidation commission.

If an enterprise has structural divisions operating in other cities, then a liquidation order is issued for each of them separately.

To eliminate branches, a similar form and sample of this administrative document is used as when terminating the work of the main organization.

It should also be noted that the liquidation of a separate unit is carried out first.

In other words, only after all representative offices and branches of the organization have been eliminated, the liquidator or liquidation commission can begin to eliminate the company that founded them.

structure

The order to liquidate a unit, just like the administrative document on the basis of which the work of the parent business entity is terminated, consists of the following parts:

• table of contents;
• descriptive block;
• information about the liquidation commission;
• data on the functions and powers of the liquidation commission.

The title of the document is written in the header of the special form.

If we are talking about termination of activity:

• of the entire enterprise, then the name will begin with the combination “Order on liquidation of an institution/organization...”, after which the direct name of the business entity being eliminated must be written;
• structural unit, then the title of the document indicates this, and also states the name of the parent organization.

The liquidation order is assigned an individual number, which is carried out through the internal documentation of the company.

The main block indicates the main reason that led to the closure of the organization and the dismissal of workers. Next, the liquidation procedure itself, its stages and timing are prescribed.

The block of information about the liquidation commission consists of the initials of its participants, job titles and information about the person who will be its head.

The liquidation commission can be formed from employees of the business entity being liquidated, who will subsequently be dismissed ().

The only thing that is important when filling out the information block is to indicate information about all members of the liquidation commission.

The second descriptive section to be completed in the termination order concerns the functions and scope of authority of the head of the liquidation commission.

The main responsibility of the chairman will be the formation and submission for approval to the founders of a special act, which is drawn up after the main liquidation procedures ().

by whom

It does not matter whether the enterprise terminates its activities voluntarily or compulsorily. The order for its liquidation is always signed by the director, followed by his autograph.

deadline for compilation

At the end of the order, the date by which the terms of liquidation of the enterprise will be calculated, if they were not indicated in its text.

The countdown for the elimination of a business entity, as well as the dismissal of employees, begins from the moment the order is approved.

In other words, from the day the administrative document is signed, direct liquidation begins ().

The basis for which is

The order serves as the basis for carrying out all liquidation procedures and dismissal of persons working for the benefit of the enterprise ().

Based on this document, it is possible to terminate the work of both one department and an entire corporation.

After completing all stages of liquidation, the legal entity ceases to be a participant in market relations, so we can say that the order serves as the immediate basis for the complete elimination of the business entity.

Peculiarities

The liquidation order does not have a unified form. In light of this, there is a lot of disagreement regarding how to properly formalize it in various cases.

Of course, there are documented differences between an order for the liquidation of a private enterprise and that issued in relation to a municipal body. But their functional purpose is never different.

sample order for liquidation of a department

Many novice personnel officers, when liquidating an institution, have a logical question: what is issued initially: an order to reduce positions or an order to eliminate a department of the enterprise?

In fact, these two issues are resolved by just one administrative document.

The order for the liquidation of a department indicates information that a reduction and transfer of positions is being carried out in connection with the cessation of the activities of a structural unit of the organization.

Information about persons who are subject to layoffs or transfer to another job must be recorded.

OOO

As such, there is no order for the liquidation of an LLC. Instead of the latter, the minutes of the meeting of founders are used.

It contains all the information as in a regular order to terminate the activities of a business entity.

The presence of this document is sufficient to initiate liquidation procedures. But the dismissal of employees is carried out on the basis of a separate order issued by the management of the enterprise.

IP

When we talk about an individual entrepreneur, we mean the fact that the director and founder of the subject of market relations is the same individual.

Therefore, liquidation can be carried out by his sole decision.

If an entrepreneur does not have employees, then to terminate his activities it is enough to write a liquidation application and submit it to the tax office.

If there are employees, then you simply cannot do without an order to terminate the activities of the individual entrepreneur.

government agency

Shelf life and place

An order to terminate the activities of a department or department by nomenclature refers to those issued in the course of its main activities.

Therefore, this document is stored permanently in the organization.

The order to liquidate the entire enterprise is transferred, along with other important documents drawn up in the course of its activities, to the municipal archive.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Document text:

Name of organization ORDER _______ N _________ Place of issue On liquidation _________________________________ _______________________________________________ (name of organization) In connection with ____________________________________________________________ (foundation) ____________________________________________________________________ I ORDER: 1. Liquidate _______________________________________________ (name of organization) Liquidation period _________________________________________________ 2. Create a liquidation commission consisting of: Chairman - _____________________________________________________ (position , initials, surname) Members of the commission: 1. _________________________________________________ (position, initials, surname) 2. _________________________________________________ (position, initials, surname) 3. _________________________________________________ (position, initials, surname) 3. Chairman of the commission ________________________________________________ (initials, surname) submit to approval of the act of the liquidation commission. Submission deadline _____________________________________________ Head of organization Signature Explanation of signature

Attachments to the document:

• (Adobe Reader)

What other documents are there:

What else to download on the topic “Order”: