If signs of bankruptcy creditors and authorised bodies shall be entitled to conduct the meeting of creditors. It is important that the amount of requirements of creditors to the company amounted to 100 thousand rubles and more. If you as a lender want to declare the company bankrupt, until the meeting of creditors the decision on the application for recognition of the company bankrupt in court.
Please contact the arbitration court in the location of the company with the statement for a recognition its bankrupt. But before that force should join the court decision on recovery from the company debt (if you are a creditor or a representative of state authority). The law allows the person who first sent the statement to select and propose for the approval of the court the candidacy of the liquidator, on which depends the fate of a bankrupt company, and payments to creditors. Accordingly, the company isbankrupt then manages the Manager, you as the lender should get what the company owed, if its funds and property is enough.
Remember that to declare the company bankrupt is entitled, and himself the founder, if the company is unable to pay off debts: this is a fairly quick and simple procedure of liquidation of the company. In this case, the founders of the company choose its liquidator. For the recognition of the company bankrupt, its founders must submit to the court the statement for a recognition its bankrupt with the documents testifying to this (the documents of accounting and tax accounting).
The legislation establishes the cases in which you, as a representative of the company must apply to the court with the statement for a recognition its bankrupt. These cases are as follows:1. after the settlement with several lenders the company will not be able to pay other creditors and/or to pay taxes;
2. the management bodies of the company adopted the decision on initiation of bankruptcy proceedings after the analysis of the financial records.
3. to make payments to creditors or tax need to sell the property of the company, after which she will not be able to pursue their activities;
4. cash funds are insufficient for the payment of taxes, or settlement with creditors;
5. the company has payables in excess of the amount of the asset balance.In this case, within one month from the date of revealing of signs of bankruptcy of the management company must submit an application to the court for recognition of its bankruptcy.