How to close the homeowners association step by step instructions. Liquidation of HOA: procedure and necessary documents

I must say that the court only in one case will make a decision on liquidation unconditionally. This is a situation when less than 50% of the residents of the total number living in the house are in the HOA.

In other cases, you need to prove your case.

If the court made a decision on liquidation, then during the court session a liquidation commission is appointed.

The procedure for the liquidation of the HOA

If the decision on liquidation is made at the general meeting, the liquidation commission is elected from among the members of the partnership. If there is a court decision, the commission is appointed by the court. It can include both members of the HOA and third-party citizens. The liquidation of the HOA is reported to government agencies, creditors and a public announcement is made through the newspaper. Within two months, all contracts are completed and debts are paid. Then an interim balance sheet is drawn up and then the organization is finally liquidated. Documents of the HOA and the final liquidation balance sheet are transferred to the archive.

What should be included in the protocol

The law provides for two forms of the general meeting: in person and in absentia. In both cases, in The protocol specifies the rights and obligations of homeowners. The agenda is written. The initiative group is indicated, it is obligatory - the number of square meters belonging to each of them. m of housing

If the meeting is held in absentia, then the composition of the counting commission is also entered into the minutes. The minutes indicate the composition of the liquidation commission and the procedure for liquidation.

The decision is made in favor of the owners with a larger total living space.

The closure of the partnership is carried out in accordance with the law (Civil Code), it reflects the procedure itself and the existing grounds for liquidation. The decision on this is made by the court or through a meeting of the owners of the house in which there is an HOA.

Liquidation can be carried out voluntarily or involuntarily (by the court, state agency in whose jurisdiction the HOA is located.). The court itself appoints special commission, which will deal with liquidation issues and issue .

Grounds for liquidation:

• if the process of creating a partnership was carried out in violation of the law;
• if the members of the partnership do not gain 50% of the votes of the total number of votes of the members;
• the court did not recognize the reorganization of the partnership as valid;
• voluntary expression of the will of the meeting participants;
• judgment was made.

To liquidate the HOA, you will need to adhere to the following order, the essence of which is:

• creation at the initial stage of an active group of apartment owners who are united by the solution of this issue;
• selection of the most initiative representatives (it is better if they represent each entrance);
• creation of a register of members of the partnership, for which you will need to write an appropriate application addressed to;
• after studying the register and identifying those citizens who are also dissatisfied with the functioning of the HOA, writing an application in triplicate to withdraw from the partnership;
• writing an application for the liquidation of the HOA.

The procedure itself is described in the video:

The liquidation of the HOA through the court may occur in case of poor performance or no performance at all of the obligations of the partnership by its members. This:

1. The common property is in poor sanitary and technical condition.
2. The house is poorly maintained or not maintained at all.
3. Not carried out on time by members of the partnership.
4. There is an infringement of the rights of tenants who are not members of the HOA.

The body of housing supervision of state importance or the body of municipal housing control must apply to the court and prove the following:

1. In the process of creating the HOA, violations of the law were revealed.
2. The law is violated in the course of the work of the partnership, violations are fatal.
3. The charter of the HOA does not comply with the law. At the same time, the pre-trial settlement procedure must be observed, i.e. the bodies that control the work of the partnership send the chairman an order with identified violations, which he must eliminate within six months. If the order is not complied with, the body has the right to demand liquidation through the court.

The liquidation procedure through a judicial body is the same as through the owners, the only difference is in the appointment of a liquidation commission. The court itself appoints it, it can be a special body or the participants of the partnership themselves (its founders).

If it is impossible to entrust the process to the persons described above, the court may appoint as a liquidator individual, but only with his consent at the suggestion of the body that submitted the application to arbitration court requesting the dissolution of the association. The court also sets a period during which the liquidation balance sheet must be submitted to the arbitration court, this period may be extended.

If there are grounds to liquidate the partnership, then its process takes place in the following stages:

1. A meeting of the participants of the partnership is convened, at which issues of liquidation and appointment of a commission are resolved.
2. The final decision is approved by the protocol. It specifies the composition and terms of the commission.
3. The decision is notified to the registration authority and the tax service within 3 days from the date of adoption.
4. The commission gives an announcement in the magazine that the HOA will be liquidated. It specifies the terms when creditors can submit their claims (no more than 60 days from the date of printing).
5. The commission searches for creditors and informs them of the liquidation process in writing.

After 2 months, a balance is drawn up, which contains information about common property what requirements are presented by creditors and the results of their consideration. It must be signed at the meeting, then all settlements with creditors are made, and the final balance is made and signed at the meeting.

Documentation is submitted to the tax office.

sample protocol

The protocol is numbered, its name is written - the protocol of the general meeting of homeowners in the house on the liquidation of the HOA. The city, district, region where the HOA is located, the address of the place where the meeting is held, its time are indicated.

The number of members of the HOA, who was at the meeting, is also indicated. The full name and surname of the chairman of the partnership and the secretary of the meeting are entered into the minutes.

What is an audit committee?

The audit committee is of great importance in the work of the association. She's in control financial activity HOA. The accountant regularly provides information and so that the commission works normally.

The meeting of owners elects the committee, the term of its activity is not more than 2 years. Members of the commission do not have the right to be in the management of the partnership. Its competence is spelled out in the legislation and the charter, and the order of work in the document approved by the meeting.

Checks can be carried out:

1. At the end of the whole year.
2. At any time, if it is required by the members of the partnership at the meeting, or the board of the partnership decides to carry out the audit.
3. She may also demand that an extraordinary meeting be called to discuss the results of the work done.

Functions

1. Checking the documents of the HOA on finances and data on the inventory of property.
2. Matching with primary documents accounting.
3. Checking contracts, settlements with counterparties for legality.
4. Accounting analysis.
5. Verification of compliance with the rules and regulations of the financial activities of the HOA.
6. Analysis of financial position, ability to make payments, liquidity of HOA assets.
7. Verification of payments to the state budget on time.
8. Verification of reporting for the tax authority.
9. Eligibility Check decisions taken officials of the HOA, compliance with the Charter and decisions of the meeting of the partnership.
10. Development of recommendations for the management of the partnership.

The commission reflects the results of the work carried out in its act. It contains sections such as:

1. General provisions - the composition of the commission, the timing of the audit and all persons who are involved in its work.
2. Information about the condition of the property.
3. Checking documents of cash and advance reports.
4. Checking banking documents.
5. Calculation and payment of salary.
6. Admission
7. finance in the form of income.
8. Organization of the HOA tariff plan policy.
9. HOA debt.
10. Table with discrepancies by items of cost estimates and income.
11. Pivot tables.
12. Evaluation of the work of the management bodies of the partnership.
13. Your conclusions and recommendations.

1. Carrying out planned audits of the work of the HOA for the year.
2. Preparation of an opinion on the draft budget, the amount of payments and contributions for the year.
3. Consideration of complaints and letters from members of the partnership.
4. Informing the results of all inspections carried out by the management bodies of the partnership within 10 days after them.
5. Report on your work before the meeting.

The regulation on the commission is developed in accordance with the Housing legislation and the Charter of the HOA. It specifies:

• general provisions governing the activities of the HOA commission;
• goals and objectives of the commission;
• the procedure for electing the chairman and members working in the commission;
• rights with responsibilities;
• the procedure for holding meetings and audits;
• storage of documents;
• notification of members of the partnership about its decision;
• financial support for the work of the commission.

A sample report can be downloaded.

Thus, the liquidation of the partnership can be made voluntarily by the owners, or by a judicial authority. The liquidation procedures for both cases are the same, the only difference is in the appointment of a commission for liquidation by members of the HOA or by the court.

The decision to liquidate is made if the creation of the HOA was in violation of the law, the members of the HOA do not gain 50% of the votes, the HOA does not perform its work as expected, if the majority of the members of the HOA decided so.

A special audit commission is created at the partnership, which will check the financial activities of the partnership, it has its own rights and obligations, which it must strictly observe.

Withdrawal from the membership of the partnership will not be considered its liquidation, for this you need to have a majority of the votes of the owners. The entire liquidation process is controlled by the commission, which carries out its work on the basis of the law.

The liquidation of the HOA (homeowners' association) becomes a necessity when this form of house management becomes insufficient, which does not fully satisfy the needs of the residents of an apartment building. In such cases, tenants, at their own discretion, refuse the HOA and choose a different form of home management. So, how to abandon the HOA?

So, how to liquidate the HOA? The housing organization is recognized as a legal entity, and its termination is carried out in the manner prescribed by civil law.

• on a voluntary basis;
• by way of coercion.

On a voluntary basis, organizations are closed by decision of the persons who founded them. Manager, executive not empowered to make a decision. They can only submit to the founders the issue of liquidation, if necessary.

How to close the HOA? This organization is subject to liquidation by decision of the apartment owners. To make such a decision, an initiative group of apartment owners, an official of the HOA or another governing body appoints extraordinary meeting tenants and submits the relevant issue for discussion.

If the meeting makes an affirmative decision, then the officials proceed to the liquidation procedure. Otherwise, the HOA continues its activities in normal mode.

If tenants do not know how to get rid of an unnecessary organization, then this can be done forcibly.

• in case of certification of bankruptcy in accordance with a court order;
• in case of non-compliance by the enterprise with the norms of the law;
• in case of non-compliance of the organization with the requirements of the legislation, revealed during the inspection by the supervisory authority, as well as by the court.

The procedure for the liquidation of the HOA is such that the housing inspectorate, the prosecutor's office and Rospotrebnadzor act as the checking institution. At the request of one of the designated government agencies, the court may close the housing organization. At the same time, samples of cases that they recognized as a violation, in the form of protocols and decisions, must be submitted to the court.

In the same way, any apartment owner can apply to the court to force liquidation against the will of the majority of tenants. However, he will have to prove the inexpediency of the existence of the HOA, the violation by the governing bodies of the norms of the law, and so on. Indication of the grounds in the claim is a prerequisite.

• if the HOA does not ensure the requirements of the law in the field of sanitary, operational maintenance of an apartment building;
• if tenants do not pay a fee to the account of the HOA, as a result of which the organization is not able to perform its function;
• violation of the rights of apartment owners who are members of the relevant partnership.

• The HOA is subject to liquidation if the period for which the organization was established in accordance with the charter expires, unless the meeting of owners decides otherwise before the expiration of such period;
• fulfillment of the tasks for which the HOA was established (improvement of the adjacent plot, construction of certain buildings, repairs, and so on).

The basis is only the reason for the beginning of the procedure, but not the procedure itself. The procedure for liquidation is quite precisely regulated and requires a lot of time and careful work. Usually closes the phase-out of activities deregistration of the organization.

The procedure for the liquidation of the HOA on a voluntary basis first of all provides for the convening of a meeting of apartment owners. It is necessary to decide on the issue of closing, and in case of a positive decision, to adopt a document establishing the powers of the liquidation commission.

1. The initiator of the meeting (the owner, official or other governing body of the HOA) must put on the agenda the issue of liquidating the organization. After that, it is necessary to bring to the attention of the members of the HOA evidence of unprofitability or other need for liquidation.
2. The final decision is approved by voting of each participant.
3. The decision is recognized as adopted only if more than half of the participants in the meeting vote for it. The charter of the organization may provide for other rules. For example, in the charter of the HOA it can be established that the decision to liquidate is made by 60% of the votes.

• the composition of the commission for the liquidation of the HOA;
• the period in which the commission must liquidate the HOA.

After the adoption of such a document, the commission must submit documents to the registration authority and notify the tax authority. If the period within which the indicated authorities were notified exceeds 3 days from the date of such a decision, then the liquidation is considered invalid and a fine will be imposed on the HOA.

About the actions of the commission in without fail a protocol is drawn up. If the HOA has counterparties under economic contracts, legal relations with other government bodies, then they must be notified within a week from the start of the work of the liquidation commission.

Creditors have the right to familiarize themselves with the decision of the meeting and the minutes drawn up at the meeting.

• the nature of the meeting (regular or extraordinary);
• information about the person who acted as the initiator;
• voting procedure;
• quota (the number of voters in relation to the total number of members of the HOA);
• the eligibility of voting (quorum or the presence of a minimum of owners for legitimacy);
• the issue raised for resolution (liquidation of the HOA);
• a description of the speeches of the initiator, objecting persons, and so on;
• voting results;
• management and the secretary sign the protocol.

It should be noted that if there is no quorum, that is, the minimum number of participants in the meeting to make a decision, then the meeting is postponed to another date. It is additionally reported to each member of the HOA separately.

The protocol must also contain the designated information.

The activity of liquidators cannot last more than two months. Notified creditors of the HOA are obliged to report their claims no later than the specified period. And those who were not informed, have the right to appeal the closure through the courts. In this case, the protocol is subject to transfer to creditors for review.

If a new organization is established instead of the HOA, then the tenants of the apartments have the right to determine that the new organization will be the successor to the liquidated partnership. In such a situation, all debts are transferred new organization, and with them all obligations under business contracts and the consequences of liability to state bodies.

Liquidation of homeowners associations with debts is a rather complicated procedure. All debts of the liquidated HOA must be repaid at the time of deregistration and before the distribution of residual funds among apartment owners. Otherwise, it is possible to cancel the decision on which the closure was made.

The audit commission in the housing organization is the only supervisory body. It, along with the state supervisory authorities, checks the activities of the governing bodies, the chairman, the accounting department and monitors compliance with the law.

• checking the proper condition of the property of the HOA, the procedure for disposing of it;
• legal and financial assessment agreements concluded between the HOA and its counterparties;
• control over compliance with the procedure for maintaining accounting documentation;
• supervision of the correct fulfillment by the HOA of its tax obligations;
• supervision of the legality of the decisions of the chairman of the HOA, another governing body;
• preparation and submission of recommendations indicating violations, advice on the conduct of HOA activities.

Any decision taken by the audit HOA commission, is drawn up in the form of a separate act. In the same way, the commission has the right to decide the expediency of terminating the partnership.

When the commission comes to such a conclusion, it is the initiator. When the charter of the HOA refers to the powers of the auditors the resolution of the decision to close the partnership, then it is not necessary to convene the tenants. Then the persons who are dissatisfied with the said decision of the commission may appeal against it in the manner indicated by the charter of the partnership or through the court. Each member of the partnership shall be notified of the decision. If no one objects to the closure order, it will be approved by the tenants.

In this case, the auditors assume the duties of the liquidators. And the commission carries out all the actions necessary to close the activities of the partnership.

Forced reorganization and liquidation of the HOA or any other organization is possible only by a court order. The liquidation of the HOA in this way is carried out at the request of any of the designated initiators. However, the court will not satisfy such an application and will refuse if the initiator does not have sufficient grounds. Such grounds are not distinguished by law into a separate legal category.

• if the managing body or the chairman of the partnership regularly (more than once) violate the norms and other requirements of the current legislation;
• if the organization does not effectively fulfill the tasks assigned to it or does not fulfill them at all;
• if the majority of the members of the partnership do not make the prescribed payments for the implementation of the activities of the organization and the fulfillment of the tasks assigned to it.

It is quite difficult for the initiator to convince the court that the above circumstances take place. After all, for this you need to provide evidence. In this sense, the most convincing evidence can be the decision of the audit committee or the result of any audit, regardless of whether it was carried out by a private organization or a government agency.

Apart from grounds, in the presence of which the court accepts the claim for closure for its consideration, the law highlights some of the reasons why the judicial authority will indisputably issue an order to close.

• if when registering a partnership as a legal entity. persons have violated the current legislation;
• if, as a result of the work of the organization, damage has been caused to residents of an apartment building, which cannot be compensated or restored in the future;
• if content constituent documents does not comply with the norms of the law or they were approved and adopted in violation.

After the relevant court order, the closure is carried out in general order designated for voluntary liquidation.

So, according to the decision of the court, a liquidator is appointed. All further responsibility for the actions of the organization will fall on the shoulders of the appointed persons.

Bankruptcy of organizations is a fairly common phenomenon in modern society. Unfortunately, not only commercial enterprises are subject to this phenomenon, but also non-profit organizations like HOAs. It all starts with the growth of debts and the lack of funds to maintain economic activity.

Closing an HOA due to bankruptcy is the same as for any other organization. Such a procedure, as a rule, is initiated by the tax authority. However, the law allows the initiation of bankruptcy by any of the creditors or founders of the organization, including the homeowner.

• homeowners as founders are not liable for the debts of the partnership, unless otherwise indicated by a court order due to the nature of the debt (for supplies utilities, for home renovation, etc.);
• when the partnership is closed due to bankruptcy, a court administrator is not appointed, who must exercise control over the finances of the organization;
• the partnership is not subject to reorganization;
• the partnership is not declared bankrupt when the housing inspectorate acts as the initiator, and the HOA has certain money in its operating account;
• the partnership is not declared bankrupt due to tax debts.

Thus, the partnership in this sense is in a more privileged position in comparison with other organizations.

Usually, in case of bankruptcy of non-profit organizations, the court makes a decision promptly.

After all, it makes no sense to keep the activity of this type of enterprise, unless one or several founders, and in this case the residents, do not oppose it.

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

Foundations

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

How to close a community? Step by step instructions below.

How to 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 options for closing:

1. against closure and in every possible way prevents it.
2. Everyone agrees to liquidation.

Let's focus on the last option first. How to liquidate an organization on a voluntary basis? In this case, a general meeting is held, which decides 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 is the liquidation through the court? Liquidation procedure next:

1. Those who decide to liquidate the partnership create an initiative group.
2. She is campaigning.
3. Agreed owners submit an application with a request to exclude them from the organization. It is necessary to recruit such a number of them that the number of those remaining is less than half (50%) of the total number of owners in the house.
4. Citizens who left file a claim (collectively). It must contain a requirement to recognize the partnership as invalid, since the requirement of the law is not observed.

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

If the partnership is closed by the court, then it is possible to create a commission by a court decision. Then representatives of third-party organizations are also 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 closes submitted to the registration authority:

• liquidation balance;
• application in the prescribed form;
• fee payment receipt.

If there are debts

How is debt liquidation carried out? Partnership - non-profit organization. Therefore, he has no income. If debt suddenly arises, then there is no way to get money to return them.

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

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

Recovery The court will order the following:

1. Financial recovery.
2. If it doesn't work, then competitive production.
3. Last thing. External control.

They are aimed at fix financial position 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);

Liquidation, as we have seen, can also 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 supervisory authorities have applied to it.

You can learn how to conduct, as well as in what cases it is necessary, from our articles.

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

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

Today, the management of house property, as well as the implementation of other related apartment buildings actions are carried out quite often by a homeowners association. Usually such form of organizations as HOA is registered. In the case of the implementation of the liquidation process, one should be guided by the standard algorithm of actions.

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Basic moments

For reference commercial activities and any other in the territory Russian Federation required certainly . This process is completely standard, difficulties arise quite rarely.

At the same time, almost all institutions without exception are registered as a legal entity. The list of such includes also HOA.

This abbreviation is deciphered quite simply - a partnership of homeowners. Such institutions are being formed to manage common house property, to service such, and other actions.

There are special rules for the work of such institutions. Also, situations often arise when you simply need to carry out the process.

Since the homeowners association in all cases without exception is registered as a legal entity, the algorithm for the withdrawal process state registration completely standard.

It is only important to familiarize yourself in advance with some fundamental questions. This will avoid a variety of difficulties in the future, when implementing the procedure itself.

The main questions that need to be addressed in advance include the following:

1. What it is?
2. To whom can it apply?
3. Where to apply?

What it is

Liquidation procedure legal entity implies a complete cessation of activity, removal from state registration. The reasons for this kind of procedure can be very different.

The very concept of the term "liquidation" is considered in Civil Code RF. It is in accordance with this regulatory document that it is understood that the process of transfer of rights, as well as obligations, is not carried out.

This procedure must be carried out in accordance with standard norms. The absence of the fact of transfer of ownership is the most significant difference between the process of liquidation of an IP from its other.

In the event of liquidation, the HOA completely ceases to exist. All debts are automatically repaid, and the organization is responsible for them with its own property.

At the same time, common house property, as well as personal property belonging to residents, is not sold.

To whom may apply

There are no requirements for the liquidation of a legal entity. Moreover, the liquidation process itself implies the mandatory implementation of an extensive list of various actions.

They can do:

Moreover, regardless of who exactly will carry out the liquidation process, you should definitely familiarize yourself with the requirements for the procedure. Usually, all the necessary actions are carried out by the head of the legal entity.

It could be Executive Director, Chief Accountant. The presence of appropriate powers must be confirmed without fail by documentary evidence.

An alternative option is to assign the appropriate powers to another person who may not work at all in a particular HOA. To do this, you need to compose accordingly.

It must be notarized. Otherwise, it will not be valid.

On the basis of such a power of attorney, as well as an identity document, a particular citizen can carry out the liquidation process.

Another option is to contact a specialized institution to carry out the liquidation process. Today, many companies offer their services at a relatively low price.

In most cases, support, including paperwork, as well as the performance of all other actions, costs 15.5 thousand rubles or more.

But before you contact any particular institution, you need to carefully read the reviews about it. There are a lot of scammers in this area.

The process of voluntary liquidation involves certain skills. It is worth contacting only positively proven institutions.

This way you can avoid the most significant difficulties, as well as wasting money. The main liquidation steps are standard.

Where to go

The process of liquidating a legal entity - HOA involves contacting a specific list of institutions.

On this moment that list includes the following:

Most of the necessary documents are submitted to the Federal Tax Service at the place of business. It will be necessary to submit other reports, as well as other documents to the IFTS.

Moreover, you will need to apply more than once - the process of liquidating an HOA, like any other legal entity, is carried out for 3 months or more.

One of the mandatory steps is to contact the media with information about the liquidation of a particular individual.

The following publications act as such mass media - the newspaper "Kommersant", "Rossiyskaya Gazeta".

The main purpose of such a procedure is to provide information about the termination of activities to all creditors.

Within 2 months after publication, there must be a requirement for.

This stage is one of the final ones upon termination of the activity of a legal entity. Often, liquidation also involves a court hearing.

It may be required in the event or if in any way the procedure established by law is violated.

The statement of claim is drawn up, submitted in a standard way. It is also important to understand who manages the settlement account of the HOA during liquidation. Often this issue is also determined by the court decision.

If there are any difficulties associated with the liquidation process and an obvious violation of rights, you should definitely apply directly to the court.

First you need to familiarize yourself with judicial practice on this occasion.

The procedure for the liquidation of the HOA

The algorithm for the liquidation of an association of homeowners does not have any differences from the liquidation of another organization - a legal entity. It is important to remember a large number of different nuances and features.

Moreover, the very procedure for deregistration implies the presence of a liquidator or a liquidation commission. It all depends primarily on the reason for the implementation of this kind of procedure.

Preliminary theoretical preparation allows you to avoid many different difficulties and difficulties.

Key questions to consider beforehand include:

1. What are the conditions.
2. Required documents.
3. Step-by-step instruction.

What are the conditions

Grounds for liquidation individual entrepreneur reflected in Article No. 61 of the Civil Code of the Russian Federation.

The list currently includes the following:

The very process of liquidating an HOA as a legal entity is possible only if a number of different conditions are met.

The list of such conditions currently includes the following:

With all the conditions for the process of liquidation of the HOA will need to be dealt with in advance. This will avoid the main difficulties, difficulties.

There are also a number of grounds for refusing to conduct the process of deregistration, liquidation of the HOA.

The list of bases is standard. It is reflected in federal law"On State Registration".

Required documents

The process of liquidation of the HOA involves the preparation of a fairly extensive list of documents. It is again established at the legislative level, indicated in Law No. 129-FZ.

Scroll normative documents includes:

If the liquidation process is carried out due to the bankruptcy of a legal entity, then in addition to the papers indicated above, you will also need to submit an appropriately executed court decision.

In the absence of such, it will be impossible to carry out the bankruptcy process. The participation of the court in such a process is strictly mandatory, there are simply no alternatives.

Step-by-step instruction

Without debts (it will not be difficult to find a sample) - far from all that is necessary for the implementation of the procedure.

Moreover, it is the process of liquidating the HOA as such that has distinctive features from a similar procedure, but implemented with other legal entities.

The liquidation process involves the following main steps:

Each stage of liquidation outlined above has some important nuances. It is best to deal with them in advance.

This will allow you to plan all the necessary actions in advance, avoid various complications and unnecessary questions from the tax service.

Since it is she who is engaged in the consideration of all documents, analysis of the correctness of their preparation. All the main nuances will need to be considered in advance.

By decision

Today, there are various grounds for conducting the liquidation procedure of a homeowners association - HOA. Moreover, they are usually similar both for a legal entity of this type, and for any other.

Wherein important point is the one who made the decision to carry out the liquidation process.

The appropriate decision can be made:

1. Owner.
2. Court.

Hosted by the owner

Most often, the liquidation process is carried out precisely by the decision of the owners of the housing itself. The reasons may be that the HOA, created to solve certain problems, simply does not cope with the duties assigned to it.

The reasons for this may be very different. But regardless of the reason for the liquidation, this process must be carried out in a standard way, in accordance with Article No. 63 of the Civil Code of the Russian Federation.

Court

A separate point is the implementation of the liquidation process through the court. Such decisions are made quite often, there is an extensive arbitrage practice on this occasion.

You need to read it carefully. An important difference is the need to provide a court decision as the basis for the liquidation process.

What consequences

The liquidation of a legal entity entails a wide range of very different consequences. All of them need to be familiar with in advance.

The main points include the following:

It is precisely because of the presence of a sufficiently large number of consequences that it is necessary to weigh well all the pros and cons of such a decision.

Since later it will be simply impossible to reverse the already completed liquidation process.

Video: liquidation of HOA

Important nuances

The main nuances associated with the registration of the liquidation of the HOA include:

Sometimes difficulties arise if the basis for liquidation is any court decision. It is worthwhile to carefully understand all the stages of the liquidation of the HOA in this case.

The legislative framework

All the nuances regarding the liquidation of a homeowners association, as well as any other legal entity, regardless of the field of activity and other factors, are reflected in the Federal Law:

The process of liquidating a homeowners association involves the preparation of a very large number of documents.

It is often difficult or impossible for the founders to cope with such a procedure on their own - for various reasons.

Therefore, the best solution is to transfer all powers to close the HOA to third parties.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.