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Company liquidation lawyers in Madrid

Lawyers with extensive experience in company liquidation in Madrid. We liquidate your company in an orderly, effective way. Legal support with no obligation.

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01 Company liquidation
02 How liquidation works
03 Requirements
04 Liquidating with debts
01 — What we do

We liquidate your company in order, from the inventory to the distribution

If the liabilities are greater than the assets, the way out is not liquidation: it is insolvency proceedings.

We liquidate your company in order, from the inventory to the distribution
  1. Inventory and balance sheet

    The snapshot of assets and liabilities that opens the liquidation and against which everything else is measured.

  2. Realising the assets

    Selling the assets in an orderly way and collecting what is owed, without selling cheap out of haste.

  3. Paying the creditors

    The order of payment and a provision for debts that are not yet due or that are being litigated.

  4. Final balance sheet

    Approval by the general meeting and keeping track of the period the shareholders have to challenge it.

  5. Liquidation share

    Distributing what is left and working out what each shareholder pays in tax on what they receive.

  6. Deed of striking off

    Closing the registry file once the liabilities have been met and the rest distributed.

02 — The service

Do you have to liquidate your company? We do it in order, leaving no loose ends.

Escalera & Tuset · Commercial law · Madrid

Taking on the dissolution and liquidation of a company is never straightforward.
Not sure? Give us a call 911 923 480 We reply within the same working day. First consultation free.

«Excellent treatment and outstanding professionals. Thanks to Pepe Dominguez Tuset, who resolved my problems.»

Ritesh
Google review · 10 months ago
4,6
10 reviews on Google ↗
03 — Common mistakes

We head off the expensive mistakes when liquidating your company

Most of them are avoided with a properly prepared inventory and by taking the steps in the right order.

  1. Distributing before paying

    Liquidators are liable if they hand the liquidation share to the shareholders without having paid or set aside what is owed to creditors.

  2. Liquidating when insolvency proceedings are the right route

    If the assets do not cover the debts, ordinary liquidation is not the way and the director is left exposed.

  3. Forgetting debts that are being litigated

    Pending claims and debts not yet due have to be provided for before the final balance sheet.

  4. Selling cheaply to a shareholder

    Creditors can challenge sales below value to connected persons, which can also be set aside if insolvency proceedings follow and give rise to liability for the liquidators.

  5. Not working out the tax on the distribution

    The liquidation share is taxed for the company and for each shareholder, and under capital duty as well.

  6. Leaving obligations open

    Without deregistering for tax and filing the accounts, requests and penalties keep arriving for a company that no longer trades.

04 — Questions

What people ask us before they instruct us

It depends on what has to be sold and collected. A company with no activity and no significant assets can be liquidated in a few months; with property or pending litigation it takes longer.

The directors become liquidators, unless the articles or the general meeting appoint other people. They take on the responsibility of liquidating in an orderly way.

The liquidation share: what is left after the creditors have been paid, distributed according to their holding, unless the articles say otherwise.

Only if the assets are enough to pay them. If they are not, insolvency proceedings are the route.

The Escalera & Tuset team at work in the office
05 — Quote

Tell us about your case. We call you today

First consultation free and with no obligation.

911 923 480

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06 — In detail

More about company liquidation

A practice specialising in liquidating companies

The orderly liquidation of a company begins after it has been formally dissolved. From that point, and until the company is liquidated and finally struck off, it keeps its legal personality but can have no management body, with the appointed liquidators responsible for carrying the process through. That is a process for which you need specialist legal support.

And Escalera & Tuset is precisely a firm of company liquidation lawyers in Madrid. Our expert team has all the knowledge required, as well as the broadest and most varied experience, to stay with you through the liquidation process and make sure everything happens in line with the law and as efficiently as it can be done.

How a company can be liquidated

The procedure for liquidating a company is inevitably tied to the dissolution procedure. The steps for completing both include drawing up the liquidation balance sheet, drafting the dissolution resolution, signing that resolution before a notary, filing the deed of dissolution and liquidation at the Commercial Registry, allocating the distributed assets, paying transfer tax, deregistering with the tax authority, appointing successors, deregistering with social security and transferring the title to the distributed assets where that is needed.

What it takes to wind up a business

For a business to be liquidated, the liquidators have to meet three essential requirements, the first of which is drawing up a liquidation balance sheet. That is not always straightforward. At Escalera & Tuset we put all our detailed knowledge at your disposal and offer you quality legal support for liquidating a company. The other two requirements are, first, actually distributing the company's assets in line with the liquidation balance sheet and, second, the oversight needed to make sure every last legal aspect is complied with. Let us help you.

Can it be done if a company has debts?

No. Where a company owes money to third parties or to employees, it has to pay them first. And if it does not have the financial resources to do so, it has to apply voluntarily for insolvency proceedings in order to

proceed with the liquidation through those proceedings. In many cases the fast-track insolvency route is available, which requires certain conditions to be met. Get in touch and we will help you work out where your company stands and which way out suits it best.

What winding up a company costs: tax

From what we know as a company liquidation practice, this procedure is taxed under the capital duty heading of Spanish transfer tax, which comes to 1% of the value of the assets and rights allocated to each shareholder. Since Escalera & Tuset has lawyers specialising in corporate finance as well as in tax law, we can guide you through that tax process so that everything is done as it should be.

We help you with the orderly liquidation of a company

Taking on the dissolution and liquidation of a company is never straightforward. We know that well. That is why at Escalera & Tuset we want to be alongside you at every point and give you the support you need. Specifically, we will help you meet your obligations as a shareholder, and also those falling on the liquidators. All with the single aim of resolving the liquidation as productively and as quickly as possible. In the Contact section of this website you will find several ways of reaching our company liquidation team. Get in touch. We are entirely at your disposal.

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