How the property remaining after liquidation is divided

Mar 3, 2020

Until the moment of crossing out from the National Court Register, the company in liquidation has the possibility to conduct its current activities, which may generate additional costs for it – for example: those resulting from the necessity to rent office space or the costs of verification of balance sheets, court fees, notarial or administrative fees. All of the above costs, in accordance with the provisions of the Corporate Income Tax Act, constitute tax deductible costs.

The division of property can be made, in accordance with art. 288 § 1 of the Code of Commercial Companies (hereinafter: “CCC“), after approval of the financial statement by the shareholders’ meeting. At the same time the above final phase of the liquidation can only be commenced when the company will no longer have to bear any costs related to its operations, nor will it receive any more revenues.

As a rule, pursuant to art. 286 of CCC, if nothing else results from the company’s deed, the company’s assets that have remained  after the creditors were  satisfied/secured, are shared among the shareholders (stockholders) in relation to their shares (stocks).

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