Restoration of Legal Persons after liquidation

Theoretically, liquidation of the legal entity - this is his final "death."After the information about the legal entity has been deleted from the register, the company is considered to be closed forever, and it is impossible to restore.However, in practice lawyers often refer to the possibility of restoring the company through court.

recovery after the liquidation of the legal entity is possible after the appeal court decision on liquidation of legal entity.However, the legal community is no consensus on this matter.Some lawyers believe that the invalidation of the judicial decision on the liquidation of the legal entity - a sufficient basis for its restoration.Others believe that even in the case of recognition of the illegality of liquidation, the recovery of legal persons is not possible.

differing opinions not only lawyers but also decisions of the courts on this issue.In some judicial acts recovery after the liquidation of the legal entity recognized as possible, in others - is completely eliminated.

What is the cause of such contradictions?Many experts believe that a uniform practice of law is absent due to the fact that neither the court nor the lawyers can not really answer the main question: what will happen to the company after its restoration?

Even assuming that the court invalidated the decision to liquidate the company and restore its rights, immediately raises a number of questions that require clear answers.

What will happen to the property of the company?

The current legislation does not provide for the mechanism of the return of property which was distributed during the liquidation of the legal entity.The law does not spelled out the obligation to return the property or the right to claim it.

Thus, to return the property after the liquidation of the legal entity will be almost impossible.There is no reason to invalidate the transactions on alienation.You can not claim the property will have a new owner.Also, the distribution of property can not be regarded as unjust enrichment, therefore, one can not speak of the obligation to return it.

That is, even if the entity will be restored to the register, it will be deprived of his property, and will not be able to get it back.

What happens to the bodies of the company?

When a liquidation commission, it assumes all powers to manage the affairs of a legal entity and in fact is the only organ of the legal person.What will be the legal status of the bodies recovered in the organization?

Since the process of liquidation of the company controls all the activities of the liquidation commission, the only body control can only be a general meeting, which has the right to approve the liquidation balance sheets.Thus, at the time of the restoration of a legal entity (company), it will be unformed bodies, and legal persons will be unable to take any action.

as recovery organization affect its owner?

Set status of a shareholder or member of the liquidated organization without requiring from them it is impossible.This restoration of the legal entity without notification of one of the parties violates his rights because it re-creates the obligation.

That is, any forced the prosecution of individuals who participated in the creation of a legal entity, or their heirs (in the case of the death of one of the participants) is impossible.