Not all businessmen are doing well.Sometimes the situation reaches a critical point where it is not possible to fulfill the obligations - not enough assets.In such cases, usually say that a person or company - bankrupt.But appearances are not always the best - maybe the company just great financial difficulty.In order to determine with sufficient precision the extent of neglect provisions set signs of bankruptcy.Only if available you can start the appropriate legal procedure.
legislation rather strictly regulates this area.Any relevant rules of the Civil Code, and even in a separate law.According to them, the decision on bankruptcy of a person made by the court.To do this in a meeting he explores the signs of bankruptcy, and then his verdict.However, this information would not hurt to own and businessman - need to know when will overcome the dangerous threshold of insolvency.
main feature of bankruptcy
The first sign is the fact that a particular entity is not calculated to your lender for more than three months since the onset of the appointed time.The amount of debt at the same time to exceed 100 thousand. Rub.
It would seem that a very significant amount.However, such cases are very often, and if the inconsistency is only assigned for this indicator, most of the companies would have long ceased to work, and lenders would have suffered huge losses.
Additional indicators
Therefore, there are other signs of bankruptcy of a legal entity that completes the picture.There are also other commitments no less influence on the ability to pay its debts.Among them are the following:
- payable for the transferred goods or products;
- the debts for work performed or services rendered;
- scrip loans with interest, the debtor is obliged to pay the creditors;
- debt, which was formed as a result of damage to the property of the creditors;
- debt obligations, formed as a result of injury to health or life of the citizens;
- responsibility for payment and payment for intellectual activity;
- obligations to the founders.
should be borne in mind that all penalties for default in payment are not taken, how great they are.Only the principal debt.
Interestingly, there are signs of bankruptcy listed in another document - the register of payments that will have to make after the realization of assets and property of the debtor.However, the order here is quite different.The first will be extinguished debt arising from the harm to the health of citizens, and then pay off the debt to workers organizations under labor contracts, and then to get money other creditors in the order of legitimate queue.
some nuances
There is another legal technicalities.These signs of bankruptcy on the one hand have the documentary evidence in the form of invoices, payment documents, acts of reconciliation, etc.On the other hand, the procedure according to the law is not enough.Therefore sizes and liabilities, and those that have, for example, property expression must necessarily be confirmed by the court.
lawsuit on the recognition of the bankruptcy usually takes one lender.From experience we know that this is often the plaintiff, the Federal Tax Service for the reason that signs of bankruptcy in respect of budgetary payments are most pronounced.Here and in large amount, and the periods of significant delays and legal costs at the expense of the treasury.Household
same actors are extremely reluctant to get involved in litigation.In line with the money they will still be among the latter, even if the bankruptcy process is running on their own initiative.
