Liquidation of AS (stock company), Stage 2
2. Distribution plan of the company's remaining property
The remaining assets of the company shall be distributed among the shareholders in accordance with the plan for distribution of property drawn up by the liquidator in proportion to the number of shares of each shareholder, unless otherwise specified in the instruments of incorporation.
Conditions:
- the document must indicate the distribution of all property, funds, immovable property, etc. of the company;
- disbursements to shareholders shall be made in cash, unless otherwise specified in the articles of association. In case the shareholders wish to receive the liquidation quota in the property, and the articles of association do not stipulate that the disbursement of the liquidation quota may be performed in the property, the shareholders may, until completion of liquidation (until the exclusion of the company from the commercial Register is applied for) at the meeting of stockholders, take a decision regarding amendments to the articles of association, providing for the possibility to disburse the liquidation quota in the property in the articles of association. At the same time, the shareholders' meeting may decide that the liquidation quota will be paid to the shareholders in the property.
It should be recalled that once the company is removed from the commercial register, it will no longer be possible to do so, i.e. if real estate or money in the bank account remains registered in the company's name, the shareholders will no longer be able to own it.