Reorganization is a merger, affiliation, division, separation
Legal entities in our country are verya lot of. They appear and disappear daily. How to create a new company? It can appear after registration, that is, the process, the stages of which are prescribed in the legislation or as a result of the reorganization of some other legal entities.
Reorganization is something that is often confused withliquidation. In fact, such confusion is inappropriate. Why? The reason is that in liquidation there is no succession, and when reorganization it always exists. What is succession? This is the transfer of duties and rights previously held by a specific legal entity (or persons). In the case of liquidation, they simply disappear immediately after the firm settles accounts with creditors, and information about it will be removed from the register, that is, from the Unified State Register of Legal Entities. Reorganization is something in which neither one nor the other disappears completely, but continues to exist.
There are several varieties of this process. Each of them has its own characteristics. Consider all this.
Reorganization of the enterprise is a joining, division, allocation, merger. Somewhere everything is easier to do, and somewhere - much more difficult.
Reorganization-joining from other similarprocesses is different in that one large organization is joined by another organization, which is less than its scope of rights, duties and so on. As a result of this process, a small enterprise will cease to exist, information about it will be removed from the Unified State Register of Legal Entities, and the duties and rights will be transferred to the organization to which it was attached.
When merging two identical orconcerning identical legal entities. Their rights and duties are united, both old organizations cease to exist, and instead of them one appears, which is relatively new.
Reorganization is a process that can becarried out in the form of separation. In this case, one legal entity, ceasing to exist, leaves behind two new organizations that did not exist before. Of course, it is they who have his duties and rights.
The last version of the process under consideration- selection. Here, part of the duties and rights of the legal entity are transferred to the new organization. At the same time, the primary organization does not cease to exist.
Reorganization is a process in whichto understand with what position after its completion the founders and shareholders will appear. Of course, it is important to take into account the interests of each of them. How to do it right? Initially, it is necessary to notify people about the beginning of the process. Used for this as registered mail, and publications in the press. In the future, each of them will be given the opportunity to get all that is due (or take shares / shares in the authorized capital of the legal entity that appeared instead of the reorganized one). In fact, these people in this case at the legislative level granted quite a lot of rights.