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How to close an apartment building if there is no chairman. Why do you need to liquidate the HOA and what is this procedure? Step-by-step instructions on how to properly close a partnership. Alerting stakeholders

It is possible to close the HOA due to the ineffectiveness of the ICM management form or due to abuse by the chairman. The RF Housing Code allows cases when apartment owners want to change the way they manage their common home property. Then the HOA can be replaced by a management organization - a commercial entity of housing and communal services in the form of LLC.

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

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Owners of apartments or other residential premises who have applied for membership in a non-profit organization can become members of the HOA. They have the right to be interested in all management issues, including requesting the founding and accounting documentation of the partnership.

Foundations

The HOA can be liquidated at the request of its members. To do this, you will need to organize a general meeting, including on an extraordinary basis - in accordance with and.

The decision of the participants serves as the basis for liquidation. Problems are possible when the chairman or other interested persons obstruct the meeting or appeal against the decision of the apartment building owners to liquidate the HOA in the arbitration court.

Directly opposite situations are also allowed, when they try to liquidate a stable HOA in an illegal way in order to introduce a form of management in an apartment building from a commercial organization (management company).

The homeowners' association can be liquidated:

  • by decision of its members;
  • if it was organized in violation of the law - when falsification of accounting documents was revealed, false protocols were found;
  • if his activities, according to the charter, were limited to a specific period and purpose (for example, to control the progress of major repairs);
  • if the partnership does its job in bad faith: it does not manage the house well, does not comply with sanitary and hygienic, technical, and environmental standards;
  • when the HOA violates the rights of the owners - without their consent, transferred the adjacent territory for commercial development or paid parking, etc.;
  • when the partnership does not have stable financing, there are no periodic mandatory contributions;
  • if less than 50% of the owners of housing in an apartment building remain in the membership of the HOA;
  • with significant debts of the organization.

The closure of the HOA does not relieve residents of the apartment building from the obligation to pay utility bills and fees for the maintenance of common household property in a timely manner.

Normative base

The rights of HOA participants, as well as the procedure for organizing their general meeting, are determined by Chapters 13-14 of the RF LC. The liquidation of the organization is carried out according to the rules of the Civil Code of the Russian Federation - Art. 61-65.

The procedure for legal proceedings is regulated by the rules of the APC (in the presence of economic and economic disputes) and the Code of Civil Procedure of the Russian Federation - in the courts of general jurisdiction.

The form for filing an application for registration of a legal entity by way of liquidation is determined by Federal Law No. 129 dated January 8, 2001.

How to close the HOA?

You will need to initiate the procedure for its liquidation. Control bodies, for example, the Federal Tax Service or the Housing Inspectorate, can act as initiators, especially when the HOA exists only formally, and it does not have any property on its balance sheet.

By the decision of the owners

How to close the HOA by the decision of the owners - it is necessary to consolidate the will and assemble an initiative group campaigning for an extraordinary general meeting. The charter may provide for a quorum of the meeting participants. Usually this is at least 50% of the total number of its members.

I must clearly organize its agenda, the key point of which will be the question of liquidating the HOA. The decision to terminate the partnership must be based on specific and legitimate reasons.

At the meeting, the composition and procedure for the work of the liquidation commission must be determined. The results of the general meeting of residents must be documented. It contains:

  • date, time, place, address of the meeting;
  • the composition of the initiative group;
  • voting form;
  • the number of participants in the event (indicating the area of ​​housing or commercial, other premises that belong to each of them);
  • the agenda (it is advisable to indicate by items);
  • a summary of the meeting progress;
  • the results of the meeting, information about specific decisions taken;
  • signatures of the chairman of the meeting and the secretary.

The absence of the chairman of the HOA and (or) his deputy, accountant and other members of the administration at the meeting does not deprive such an event of legality, if it was organized in accordance with the charter and does not contradict the regulations.

Further, the liquidation commission formed is taken up. She publishes information about the liquidation in the media. According to clause 1 of the Order of the Federal Tax Service dated June 16, 2006 N SAE-3-09 / [email protected] such a print publication in 2020 is the State Registration Bulletin.

If the HOA does not have cash to settle with creditors, then its property is sold at auction, with the exception of property worth less than 100 thousand rubles, which can be sold directly.

After settling with creditors, the priority of which is determined by Art. 64 of the Civil Code of the Russian Federation, the final liquidation balance sheet is formed, which must also be approved by the HOA participants.

Creditors have the right to bring claims against the liquidation commission if it unreasonably refused to satisfy the creditors' claims or evades their consideration.

The approved liquidation balance sheet serves as the basis for applying to the Unified State Register of Legal Entities with an application for state registration of the liquidation of the HOA. The applicant's signature in the notification must be notarized.

Through the court

The body of state housing supervision (housing inspectorate) or municipal control bodies have the right to file a claim for liquidation of the HOA. If a claim is initiated by a supervisory authority, then first you will need to issue an order to eliminate violations (usually 6 months are given for this - when the content of the HOA charter is contrary to the law).

The order must contain information about specific violations by the HOA. Usually, claims are satisfied only when they are initiated by state and municipal authorities - if the HOA works ineffectively, it allows significant abuses.

Citizens (a group of citizens) apply to the court in order to recognize the state registration (entry in the Unified State Register of Legal Entities) of the HOA invalid. But even if the court recognizes the state registration of the HOA as illegal, this does not mean that it will be immediately liquidated.

The partnership still retains legal capacity and is responsible for its legally significant actions (transactions, decisions). For liquidation, you will have to file a separate claim.

You should pay attention to the limitation period. In cases related to the illegality of the decisions of the HOA meeting, it is 6 months - paragraph 6 of Art. 46 LCD RF. A similar period is provided for state bodies if they have identified fatal violations in the work of the HOA. The term is counted from the moment violations were found.

A positive court decision does not mean that the HOA immediately stops working. The court approves the liquidation commission and obliges it to go through the full liquidation procedure. The list of participants in such a commission may be preliminarily indicated in the statement of claim.

Step-by-step instruction

Step-by-step instructions for closing a HOA depends on who is initiating the liquidation.

Founders (owners of apartments, rooms, shares in MKD) should:

  • gather an initiative group;
  • hold a general meeting of HOA participants;
  • draw up the minutes of the meeting, appoint a liquidation commission;
  • draw up an interim liquidation balance sheet, study the documentation provided by the audit commission - the controlling body that monitors the accounting discipline of the HOA;
  • form a final liquidation balance sheet, apply with a notification to the tax office, pay a state fee.

If the tenants of an apartment building are interested in liquidation - not members of the HOA, then they should complain to the regulatory and supervisory authorities with the requirement to check the work of the partnership. Supervisory authorities can bring homeowners' associations to administrative responsibility and initiate legal proceedings.

If citizens are demanding to liquidate the HOA because of the illegality of its registration, then they should first study the registration documentation. Within the framework of the trial, financial and economic, accounting, handwriting examinations may be assigned.

Required documents

To liquidate the HOA you will need:

  • charter;
  • formalized decision of the founders;
  • interim and final liquidation balance sheets;
  • financial documents, a list of creditors, indicating their requirements;
  • statement of claim - if the HOA is liquidated forcibly;
  • application to the Unified State Register of Legal Entities (filed with the tax office)

There is a state fee to be paid. In 2020, it is 800 rubles, except if the HOA is liquidated through bankruptcy.

To submit an application for liquidation of a homeowners association under the financial insolvency procedure, you will have to pay 6 thousand rubles (subparagraph 5 of paragraph 1 of article 333.21 of the Tax Code of the Russian Federation).

If there are debts

The partnership is obliged to pay off the debts in accordance with the stated requirements of the creditors. If the property of the organization is not enough to pay off all counterparties, then you will have to apply to the arbitration court with a petition for bankruptcy and collect debts forcibly.

Termination of home control

Management can be terminated only after the liquidation of the HOA and making an entry about it in the Unified State Register of Legal Entities.

If the HOA does not actually operate, then the house is subject to the management of the housing inspection commission and is supplied directly by utility providers.

What is HOA reorganization?

According to and HOA can voluntarily transform into a housing or housing construction cooperative. Homeowners 'associations can be divided into two organizations (also homeowners' associations) if the original organization manages several houses that are located on the same land plot. The possibility of separating one HOA from another is provided.

Reorganization will require a general meeting of residents, at which a majority of the members of the legal entity must vote for the division or separation.

When creating an HOA, you should understand that this is one of the forms of self-government, and not everyone will be able to deal with it responsibly. Sometimes partnerships have to be closed due to ineffective management.

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

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

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What is the right way to do this in order not to violate the current legislation?

What it is

Homeowners 'association is a homeowners' association located in apartment buildings.

This organization is non-profit. It is created on the basis of the goodwill of the property owners.

The main goal of this organization is the effective management of a house, which has more than 2 rooms.

The partnership and management company are competitors in the home management services market.

A partnership is a democratic form of government in which each owner has a vote and participates in the “life” of his home.

The management company does not grant such "privileges" to the owners. In addition, the UK is a commercial organization, and it pursues the goal of its activities to make a profit, which may go against the wishes of the owners of the premises.

An HOA is created and liquidated in the same way as any other legal entity, but with some nuances.

The reasons for the closure of the partnership may be different, but the “popular” one is that the board of the partnership did not cope with the assigned duties and did not achieve the intended goals.

The reason for these consequences is that it is rather difficult to find a good "manager".

Often it is not possible to choose a chairman from among the owners of the premises, since there are no competent citizens.

Video: liquidation of homeowners' associations and licensing of the management company

Liquidation can be either compulsory or voluntary. Forced liquidation is carried out only through the courts.

Legislative acts

Homeowners' association is a partnership, that is, a legal entity. Therefore, all the nuances of the activities of this type of legal entity are described in the laws on civil law.

And, since the members are the owners of real estate objects, the norms of housing legislation should also be applied. Residential buildings now house both residential and non-residential premises.

This had to be reflected in the law, therefore, in 2020, appropriate changes were made regarding the "renaming" of the HOA into TSN - the partnership of real estate owners.

The Civil Code of the Russian Federation is also devoted to this type of house management. The main definitions are given in the Civil Code of the Russian Federation.

When creating a partnership, it is also worth taking into account the RF LC.

Voluntary liquidation takes place on the basis of the RF LC, and compulsory on the basis.

The entry of a record on the termination of the activities of a particular partnership occurs on the basis of.

Grounds for termination of activities

A partnership is an association of property owners on a voluntary basis. Also, on a voluntary basis, it can be liquidated.

But there must be good reasons for this. The main reasons for liquidation are listed in.

These reasons include:

The partnership may be closed for the following reasons:

  • in the presence of less than 50% of the votes of the total number of owners;
  • the owners themselves made this decision.

On these grounds, there is a voluntary termination of the activities of homeowners.

A compulsory one is performed if:

The partnership was originally created in violation of the provisions of Law No. 129-FZ financing does not come constantly, which leads to the formation of debts to service companies
The board does not ensure the proper condition of all common property of the owners this fact must be confirmed by the conclusions of the various authorized services. For example, residents called SES to bait cockroaches or rats. The corresponding conclusion must remain in the hands of one of the owners
The rights of owners who are not members of the organization are not respected this is confirmed by numerous complaints to the housing inspectorate
HOA passed the reorganization procedure which was declared invalid by a court decision or an authorized government agency

How to liquidate the HOA

To liquidate a partnership on a voluntary basis, you need to follow the procedure, that is, perform all the actions in the right order.

Compliance with all points of the step-by-step instructions will allow you to complete the procedure in strict accordance with the current regulations of the Russian Federation.

But, before proceeding with the procedure itself, it is necessary to carry out a number of preparatory measures. This is:

When all the preparatory procedures are over, you need to start the procedure itself.

It consists of the following steps:

If the decision is positive and members vote in favor of liquidation, the following steps should be taken:

Select a liquidation commission from the members of the partnership if there are no competent citizens, then you can hire a liquidator from the side
Send a notification to the tax office this is necessary to make the corresponding entry in the register
Publish information about the termination of a specific HOA in the media this is done by publishing in an official source - "State Registration Bulletin"
Send written notice to all creditors you can also send a notification to the debtors to collect the debt from them
Prepare a liquidation balance sheet and approve it if there are hired employees, then it is necessary to notify them
Make settlements with creditors who have stated their claims you also need to carry out all the calculations with the hired staff
Prepare a final liquidation balance sheet and approve it send all documents to the Federal Tax Service for making an entry in the register on the termination of the activities of this partnership

By the decision of the owners

The owners of the premises in the house can independently decide on the liquidation of the partnership.

To do this, you need to hold an extraordinary meeting, at which an appropriate decision should be made.

Since the decision is made by a simple majority of votes, that is, more than 50% of all those present, it is drawn up in a protocol.

This document reflects the main issues that were put on the agenda. This is:

  1. Whether to liquidate the partnership.
  2. If yes, then you need to elect members of the liquidation commission or appoint a liquidator.

Meeting minutes

This is the main document, which reflects the goodwill of the owners about the termination of the organization's activities.

In addition, it should contain the following information:

Full name of the partnership to be liquidated his details
It is necessary to indicate that this meeting is extraordinary you also need to emphasize that the meeting is held on the initiative of its members
Form of the meeting the number of owners, as well as the parameters of the house
Number of members who attended the meeting there must be more than 50% of all members of the partnership
Issues on the agenda percentage of those who voted for each question
General decision taken signatures and their transcript of the chairman and secretary of the meeting

The protocol must also have a serial number. In addition, the date of the meeting must be indicated.

With existing debts

It rarely happens that a legal entity has no debts before the termination of activities. The procedure for liquidating a partnership with debts is as follows:

After all the preparatory activities and the meeting of members have been held, all creditors must be notified this must be done through publication in the media - in the official source "Bulletin of State Registration"
The publication is made at least 2 months before the termination of the partnership this period can be increased at the general meeting, but it cannot be reduced
It is assumed that creditors, having seen the publication, will state their claims for debt collection. but in practice this is not always the case. Therefore, it is still necessary to send written notices (in free form) to each creditor. It is also advisable to notify the debtors so that there is an opportunity to collect debts from them.

In practice, it happens that the creditor does not have time to present his claims to the liquidated partnership.

Then he sues, and the court obliges the HOA to pay these debts in excess of the established deadlines.

This "slows down" the process of termination of activities. Therefore, care must be taken to ensure that each creditor is notified.

The payment is carried out for a long time after the signing of the interim liquidation balance sheet, and reconciliation with each creditor. The signed reconciliation statements are kept in the accounting documents.

If the partnership does not have enough funds to pay off debts, the procedure of compulsory liquidation, that is, bankruptcy, is launched. The court practice in such cases is quite extensive.

By the tribunal's decision

The court may decide to terminate the activities of a particular partnership if there are good reasons for this. This is:

In these cases, the initiators of the legal proceedings may be:

  • members of the partnership;
  • non-member owners of premises;
  • service company;
  • authorized state bodies.

Consideration of a case on the compulsory liquidation of a specific partnership is carried out at the request of the initiator.

Filing a statement of claim

Any of the aforementioned person or group of persons can submit an application to the court with a request to liquidate the partnership.

In addition to basic information about the court where the claim is being filed, as well as about the plaintiff and the defendant, the claim must indicate:

  1. On misdemeanors by partnership legislation.
  2. The plaintiff's request to the court to terminate the partnership.
  3. Evidence of violations described in the claim. You cannot file a claim without justifying and proving all the requirements.

It is not worth filing a lawsuit without trying to resolve your partnership issues before trial. Each point of the claim must go through the stage of pre-trial settlement.

Evidence that the plaintiff tried to resolve the issue amicably must be provided in the claim.

The court considers the case on the merits and makes a decision. If it is negative, then the plaintiff has the right to appeal to a higher court.

If the court takes a positive decision, then the organization will have to be closed. The procedure for closing a partnership in court is exactly the same as in a voluntary one.

You just don't need to call a meeting of members! The basis will be a court decision.

Powers of the Auditing Commission

In addition to the board and the chairman, the organization must have an audit committee or auditor. This is stated in.

The members of the commission are elected from among the members of the partnership. The main activity is financial control over the activities of the community.

To make the work of the commission most effective, the accountant regularly submits documents to them for verification.

It is imperative to check once a calendar year. But at a meeting of members, a decision may be made to conduct an extraordinary audit of the financial activities of the partnership.

The powers of the commission or auditor are described in Art. 150 LCD RF, and include:

For the most competent verification, it is necessary that the commission includes people with financial and legal education.

Closing process order

The termination procedure of the HOA consists of 2 main stages:

  1. Preparatory activities.
  2. Termination of management.

Each stage also consists of several steps that must be taken to legally voluntarily liquidate the community.

Initial stage

At this stage it is necessary:

The chairman has no right not to accept such a statement. In addition, a date must be set for the extraordinary meeting of the organization's members.

Termination of home control

At this stage, a liquidation commission is created, which will monitor the process itself.

You also need:

You need to have a little for this, namely - the desire of the majority of apartment owners, the degree of validity of the further existence of the person, or a court decision. Same a liquidation commission is created.

First, it should be stipulated, when can be terminated this face?

This can be done both at the request of the owners (Article 61 of the Civil Code), and compulsory (by court order)... In the first case, in order to liquidate the partnership, it is necessary that exactly the same decision should be reached at the general meeting the owners of this residential building.

Moreover, regardless of whether they have the status of members of the partnership or not. The number of votes "for liquidation" must be at least two thirds of the total volume.

Important! This is exactly the case when a person will inevitably cease to exist (Article 141 of the LC).

Article 141. Liquidation of an association of homeowners

  1. The liquidation of a homeowners' association is carried out on the basis and in the manner established by civil legislation.
  2. The general meeting of owners of premises in an apartment building is obliged to decide on the liquidation of the partnership of homeowners if the members of the partnership do not have more than fifty percent of the votes of the total number of votes of owners of premises in an apartment building.

Forced partnership can be terminated in court- if his activities go beyond the Charter and legislation; if it no longer has authority in the eyes of the owners; either his license expired, or the owners of the premises decided that in the home management plan is no longer suitable for them.

This can be initiated by:

  1. supervisory authorities, or other interested state bodies;
  2. initiative group owners.

Step-by-step liquidation instructions

Actually, the process itself will look like this:

Important! The last point deserves special attention. For this, there is a certain order and requires certain documentation.

It will take following papers(Federal Law No. 129-FZ, Art. 21):

  • reporting to the FIU;
  • liquidation balance sheet;
  • receipt of state duty.

From this moment (exclusion from the Unified State Register of Legal Entities) the partnership is considered dissolved.

Process protocol

This is the main document of the tenant meeting and should be maintained strictly comply with the established norms... It should not contain anything that would go beyond the agenda or the decision.

Besides this paper should contain:


Completed document in the photo below:

Ways to Eliminate a Debt Partnership

It may turn out that the partnership has debts to certain third parties(among them there may be resource-supplying instances). With them, the organization can be liquidated by standard procedure... Lenders can make their claims at any stage of liquidation - that is, either during the work of the liquidation commission, or through the court.

Important! Claims must be made no later than two months after the announcement of the impending cessation of operations is published.

If the reason is bankruptcy

This process can be initiated either by the members of the organization themselves, or by an initiative group (Art. 130-131 of the Civil Procedure Code).

Article 130. Issuance of a court order to a claimant

  1. In the event that the debtor does not receive objections to the court within the prescribed time limit, the judge issues to the recoverer a second copy of the court order, certified by the official seal of the court, to present it for execution.

    At the request of the claimant, the court order may be sent by the court for execution to the bailiff-executor, including in the form of an electronic document signed by the judge with an enhanced qualified electronic signature in the manner prescribed by the legislation of the Russian Federation.

  2. In the case of collection of the state duty from the debtor, a writ of execution is issued to the relevant budget on the basis of a court order, which is certified by the official seal of the court and sent by the court for execution in this part to the bailiff-executor.

    The writ of execution may be sent by the court for execution to the bailiff-executor in the form of an electronic document signed by the judge with an enhanced qualified electronic signature in the manner prescribed by the legislation of the Russian Federation.

  3. Requirements for the formats of court orders sent for execution in the form of an electronic document are established by the Government of the Russian Federation.

When they recognize bankrupt partnership?

  1. Debt at least one hundred thousand rubles;
  2. failure to fulfill obligations during at least three months.

But this is still not the fact that the end. Usually the court appoints bankruptcy proceedings, a recovery period (1 year), itself the partnership goes under external management... But if during this period it was not possible to improve the situation, then the prospect of the termination of the organization's existence becomes more than real.

What will be found out?

  • Whether the bankruptcy is intentional;
  • the degree of participation of the head of the partnership.

It is the chairman who will bear the greatest responsibility... And if it turns out that the bankruptcy was intentional, and the actions of the head of the partnership contain abuse, then for the chairman this will mean bringing to court for administrative, and even criminal articles.

If it turns out that the partnership did not go bankrupt due to abuse of the management, the court accepts bankruptcy decision.

In addition to closing, according to housing legislation (Art. 140 ZhK, Art. 57 GK), the partnership can also be reorganized - for example, in a ZhSK.

Consequences for owners


Arbitrage practice

As practice shows, although everything is starts with the dissatisfaction of the apartment owners, their solution alone is not enough and there is no way to get away from the standard procedure.

Example: in the Kemerovo region, the court refused the plaintiff to switch to the direct method of managing the house, since the claim contained only this requirement and data on the opinions of the tenants. The motives of the court were as follows - the supreme governing body of the HOA is the owners' meeting, however, no data on the protocol, voting and the decision was provided.

Important! If the Management Company is the legal successor, then with all the rights it will receive the debts of the liquidated partnership.

There is no data on the work of the liquidation commission, and on its convocation, too. This means that there are no prerequisites for satisfying a claim.

Claims for the expenses of the liquidation commission of the HOA

The liquidation commission identifies creditors and debtors, takes measures to pay debts, draws up the balance of the organization... The estimates of income and expenses drawn up by the auditors must have their own justification. Members of the HOA can and object to unreasonably high rates... True, this does not negate the fact that they themselves must have more than serious reasons for this.

Example. Vasileostrovskiy court refused the plaintiff Vasiliev The.The. in a claim on the indicators that were unreasonably approved from his point of view and included in the commission's estimate. According to the norms of the current legislation, the liquidation commission has among its powers the drawing up of an estimate, no violations in its work have been revealed.

Thus, it turns out that liquidation of the partnership of owners can be, and reorganize, but it is easy only in words. Anyway will have to go through the standard procedure and everything will begin with a general extraordinary meeting and drawing up a protocol in accordance with all the rules.

A sample in the HOA, as well as a sample for service, you can also download from us.

Foundations

Minutes of the general meeting of the HOA on the liquidation of the document.

How do I close a community? Step by step instructions below.

How do I close a partnership?

Let's try to present the process in the form of step-by-step instructions. Let's start with voluntary decision.

In this case, we will not touch on the reasons that prompted the owners to make such a decision, we will focus on the procedure itself.

There are two possible closure options:

  1. against the closure and in every possible way prevents it.
  2. All agree to liquidation.

Let us first dwell on the last option. How to liquidate an organization voluntarily? In this case, a general meeting is convened, which makes a decision on the termination of activities. What to do next? We will talk about this below.

But when they put up obstacles, you have to act, let's say, more sophisticated.

How does a liquidation take place through a court? Liquidation procedure next:

  1. who decided to liquidate the partnership, create an initiative group.
  2. She's campaigning.
  3. The agreed owners submit an application with a request to exclude them from the organization. It is necessary to collect such a number of them so that the number of those remaining is less than half (50%) of the total number of owners in the house.
  4. Retired citizens file a claim (collectively). It should contain a requirement to declare the partnership invalid, since the requirement of the law is not observed.

In this case, the court satisfies the claim. Then a liquidation commission is created... In the case when the decision is made voluntarily, it can be created immediately on.

If the partnership is closed by a court, then it is possible to create a commission by a court decision. Then representatives of third-party organizations are involved. For example, from the city hall.

Actions:


Liquidation must be registered... To do this, you need to contact the Tax Service.

Documents to be submitted

When the community is closed to the registering authority:

  • liquidation balance sheet;
  • application in the prescribed form;
  • receipt of payment of the duty.

If there are debts

How is liquidation with debts carried out? The partnership is a non-profit organization. Therefore, he has no income. If suddenly there are debts, then there is nowhere to take funds for their return.

In this case, you will first have to be a partnership. bankrupt, and only then close. Both its members and its creditors can demand recognition of insolvency from the court. To do this, you need to go to court with an appropriate statement about insolvency.

The basis for the appeal may be the fact that the organization does not fulfill its obligations (three or more months), and its debts are more than 100 thousand.

Recovery the court will appoint the following events:

  1. Financial recovery.
  2. It will not work, then bankruptcy proceedings.
  3. Last thing. External control.

They aim to improve the financial situation and satisfy creditors. The term is 12 months. If, after the expiration, the situation has not changed, then it is liquidated in the prescribed manner., Secretary);

  • quorum. That is, the number of those present;
  • invited persons;
  • agenda. The main question is about liquidation;
  • debate;
  • vote. Three points: for, abstaining, against;
  • appointment of a liquidation commission. Its members are listed in full, indicating the full name of these passports;
  • commission of the commission to carry out the procedure for closing the partnership.
  • Liquidation, as we have seen, also happens voluntary and compulsory... The basis for it may be the decision of the owners themselves, members of the partnership or the court after the owners, members of the partnership or regulatory bodies apply to it.

    You can find out how to carry out, as well as in what cases it is necessary, from our articles.

    How to liquidate a HOA - step by step instructions in this video:

    If you find an error, please select a piece of text and press Ctrl + Enter.