How to liquidate a company with debts
When you proceed to the liquidation of a company and there are still creditors foreign to the company, that is, debts, you must proceed to settle them. If the company has limited liability may go against the business assets of the company, while if you have unlimited liability you can also go against your personal assets until these debts are settled. In the case of a company that can not pay its debts and is in a situation of bankruptcy and suspension of payments will proceed to the bankruptcy. These are the options that from .com we will explain to you so that you know how to liquidate a society with debts .
Pay debts with unlimited liability
In case of self-employed, communities of goods, civil societies or capitalist partners of companies. It will respond to the debts with the first mercantile patrimony and the civil patrimony later if it were necessary.
Pay debts with limited liability
In this case, you will only be liable with the mercantile patrimony up to the limit of your contribution.
It always requires legal action and can be voluntary, that is, carried out by the administrators themselves, or forced, that is, through a creditor.
The contest consists of 4 phases:
- Previous acts, up to the admission procedure.
- Common phase, up to the bankruptcy report.
- Resolution phase, agreement to continue the settlement activity.
- Determination of responsibility.
In the first three phases of organizing the finances of the employer and in the last are intended to debug responsibilities.