01 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.
02 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.
03 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.
04 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.
05 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.
06 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.