Termination of a company by a court decision

Judicial liquidation reasons include those determined by the court after the criminal or civil proceedings.

As part of the criminal procedure, a security or protective measure prohibiting the performance of activities can be imposed on the company. After its pronouncement, the company must change its activity or start a voluntary liquidation procedure. The compulsory liquidation procedure is initiated if the company does not do so.

The Law on the Liability of Legal Entities for Criminal Offenses also allows for imposing a penalty of termination of the company. After delivery of the decision, the company must initiate the voluntary liquidation procedure within 30 days; otherwise, the Serbian Business Registers Agency initiates the compulsory liquidation procedure.

There are three reasons for liquidation related to the court’s decision in civil proceedings:

  1. Established invalidity of the founding act
  2. Established invalidity of establishment registration
  3. Ordered the termination of the company following the Companies Act. Continue reading Termination of a company by a court decision

Liquidator

The liquidation of a company shall be conducted by liquidators. These are the persons who conduct the company’s business during the liquidation, represent the company (legal representatives of the company in liquidation) and they are responsible for the legality of operations of the company.

The Companies Act regulates the appointment and removal of the liquidators, as well as their rights, duties and responsibilities.

Appointment and Removal of the Liquidator

A company appoints a liquidator in the decision on initiating liquidation. The decision on initiating liquidation shall be made Continue reading Liquidator

Voluntary liquidation of the company – legal aspect

According to provisions of Article 468 of Law on Business Companies, business company shall be dissolved by deletion from the register of economic operators in case of:

  • Liquidation or forced liquidation in accordance with this Law
  • Bankruptcy proceedings in accordance with the law governing bankruptcy and
  • A status change resulting in the dissolution of a company.

Liquidation of the company is the process of dissolution of the solvent company and can be: voluntary and forced.

Voluntary liquidation of the company is run by the decision of the owner of the company, as opposed to the forced liquidation, which starts in the cases provided by law Continue reading Voluntary liquidation of the company – legal aspect