The liquidation of a limited liability company (LLC) in Poland can be a complex process, especially if the company has debts to the founder. It is important to follow the established procedures and conditions to properly close the business and settle all obligations. In this article, we will discuss the steps that need to be taken to liquidate an LLC with debts to the founder in Poland.
The procedure for liquidating an LLC includes several stages that must be completed for the official closure of the company:
The first step is to make a decision to liquidate at the general meeting of the founders. This decision must be recorded in the minutes of the meeting and include the appointment of a liquidator who will be responsible for the liquidation process.
After the decision to liquidate is made, it is necessary to notify the relevant authorities, including:
The notification must contain information about the commencement of the liquidation process and the appointment of the liquidator.
The next step is to publish an announcement of liquidation in the official gazette (Monitor Sądowy i Gospodarczy). This is necessary to inform creditors about the start of liquidation and the opportunity to file claims against the company.
The liquidator must settle all debts and obligations of the company. Including:
If the company cannot fully repay its debts, the liquidator must take measures to settle them, including selling the company's assets.
The liquidator must close all bank accounts of the company and annul all licenses and permits that were issued for conducting business.
The liquidator must prepare a liquidation balance that reflects all assets and liabilities of the company at the time of liquidation. This balance must be approved at the general meeting of the founders.
After completing all procedures, the liquidator must submit an application for the removal of the company from the National Court Register (KRS). This application must contain confirmation of the fulfillment of all obligations and the closure of the company.
To liquidate an LLC with debts to the founder, the following conditions must be met:
Settlement of debts to the founder. The founder has the right to demand repayment of the company's debts to him. The liquidator must settle these debts during the liquidation process.
Consent of the founder to liquidation. The founder must give consent to the liquidation of the company and approve the liquidation balance that reflects the settlement of all debts to him.
Compliance with legal requirements. The liquidator must comply with all legal requirements and procedures related to the liquidation of the company and the settlement of debts to the founder.
«The process of liquidating an LLC with debts to the founder requires attention and adherence to all procedures. It is important to settle all obligations and follow legal requirements to successfully close the company.»
Liquidation of an LLC with debts to the founder in Poland is a complex process that requires adherence to certain procedures and conditions. Making the decision to liquidate, notifying the relevant authorities, publishing a notice, settling debts, and submitting an application for removal from the register—these steps are all necessary for the successful closure of the company. It is important to follow legal requirements and consult with lawyers to properly carry out all procedures and settle debts to the founder.
