Steps to Dissolve a Business
Nowadays, it’s easy for entrepreneurs to make the jump from idea to reality. But, closing a business is just as important of a business life cycle milestone. The formal process of business dissolution, or “dissolving,” separates the business from its owners, protecting them from personal liability for business debts. Knowing how to dissolve a business correctly is essential to its successful closure.
- Notify the necessary government agencies. Depending on the nature of the business, this step may involve filing documents with the IRS and SDAT.
- Send debt cancellation notice to creditors. Give a tangible record that the business is shutting down and all outstanding debts must be paid within a reasonable period.
- Finish up outstanding business. Business owners should file and pay all tax returns, handle employee termination paperwork, and wind down any other unresolved business.
- Cancel business licenses and permits.For many businesses, the process of closing must include making regulators aware in the area where the business was officially filed.
- Wrap up inventory. Sell any remaining merchandise at discounted prices or transfer it to another location.
- Return any leased property. Business owners that used a loan to purchase property must return the property to the lender.
Legal Considerations When Dissolving a Business
Legal requirements related to business dissolution vary from jurisdiction to jurisdiction, so it is essential to know and follow applicable rules. To ensure that those associated with business dissolution comply with the applicable laws, keeping accurate and informative records is essential. Business dissolution must be done in a fashion that follows all applicable laws.
- Business owners must secure appropriate licenses for dissolution.
- Shareholders must be informed of and vote on the dissolution.
- Debts must be cleared before dissolution.
- The former business owners should retain legal counsel for the duration of the dissolution process.
The Role of a Liquidator in Business Dissolution
A liquidator, also known as a “dissolution practitioner,” plays a vital role in a business’s dissolution. A liquidator works in a fiduciary role, overseeing the orderly liquidation of all the company’s assets and settling the liquidation estate. A liquidator is responsible for winding-down the business while ensuring that all legal obligations are completed and that assets are distributed in the correct order of priority.