Formation and development of a market economy is accompanied by various, sometimes contradictory, processes that take place within the framework of existing legislation.Practice shows that the bankruptcy of legal entities takes place for different reasons.In general, this procedure is regulated by a special law "On Insolvency (Bankruptcy)".In its original form, the Act was intended to provide a more rapid transfusion of capital in those sectors of activity which are developing more dynamically.
To do this, remove from the market the company, who are unable to fulfill their obligations to the extent needed.To make them, so to speak, did not prevent a strong partner to supply the market appropriate products and services.Weak management and inaccurate actions when doing business can lead any company in a deplorable state.I must say that this is not a legal term.Bankruptcy of legal entities as a mechanism activated by very specific circumstances.If the company is barely making ends meet, this is no reason to run it.
However, if for a certain period, the company can not fulfill its obligations to eliminate it may require some of the interested parties.This may be the state.This becomes possible when the taxes and mandatory payments to the state funds are not implemented within three months or more.For example, a pension fund can initiate this process.Bankruptcy of legal entities is possible only by the decision of the arbitral tribunal.It is in this court, and should be sent to the appropriate application.
often the case that the company is unable to settle with the suppliers of raw materials and components.In this case, the mechanism of initiation of the insolvency or bankruptcy looks similar.The interested party refers to the arbitration court, which can take the appropriate decision.This decision may not be quite so what I would like to receive the plaintiff.After the court will consider the application, the company introduced a procedure of observation.To monitor the situation at the company appointed by the court.
Experience shows that very often in this state enterprise has debts, which can still be calculated.But if and when the external monitoring the situation does not improve, then the decision of the same court appointed bankruptcy trustee.He is responsible to meet the demands of creditors.It organizes the evaluation and sale of property companies that received funds from the pay off all creditors.Of course, such a liquidation with debts does not allow to fully satisfy the claims of creditors.
fact that all property which can be sold, and account balances is never enough to close all the liabilities of the enterprise.Qualitatively, the same situation occurs when the liquidation is made SP of debt.Specific examples are numerous.Businessman takes great credit and the money buys fancy hats.However, for a short time, fashion is changing, and these dresses consumers stop buying.All such goods no longer possible to sell even at the purchase price.
Well, if the administrator will be able to get for them, 10% of the cost.Hence, creditors will receive about the same share of their claims.Thus, the bankruptcy of legal entities and individual entrepreneurs is not always allows creditors to recover their funds.This suggests that provide loans should be more carefully and taking into account the solvency of the borrower.
