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Friday, October 21, 2016

Businessmen will not be able to close the troubled firm, running from debts

A new way of capturing business – debtors came up with the Ministry of justice. To escape from debt, changing the company like a glove, they no longer work.

photo: Gennady Cherkasov

As it became known “MK”, the Ministry prepared amendments to the laws “On enforcement proceedings” and “On registration of legal entities and individual entrepreneurs”. If the changes are approved, the entrepreneurs will take away a beloved loophole of avoiding debt. Now not to pay according to court orders or judicial orders, the businessman can easily go to the tax office and to liquidate the troubled firm. But instead opens a new, does not yet stained. However, the law does not prohibit to place the new business at the old address. There is another, softer way to hide from the debts. The firm canny businessmen leave the old, and the name change. For this you just have to pay the stamp duty and bring a couple of statements from the owners of the company. As a result, officers of the legal person should recover the debt by judicial decision, formally ceases to exist because of the change of details. And the claimants are forced to go to litigation. In the new law to liquidate the firm or to amend the statutes will be much more difficult. In addition to the current package of documents (application, statutes, stamp duty) will require a paper about absence of outstanding debt. To obtain such a statement can only be in one place – in the service of judicial bailiffs. If it turns out that the company is hanging at least a cheap debt in a new business or making changes to the old tax will be denied. Moreover, banks officials plan to ban opening new accounts for companies – debtors. The same rules will apply to the IP. It is planned that the changes will take effect from the beginning of 2017.


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