South Carolina Plan of Liquidation and Dissolution of a Corporation

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Multi-State
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US-0076BG
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Description

Dissolution is the act of bringing to an end. It is the act of rendering a legal proceeding null, or changing its character. Under corporate law, it is the last stage of liquidation. Dissolution is the process by which a company is brought to an end.



Liquidation is the selling of the assets of a business, paying bills and dividing the remainder among shareholders, partners or other investors. A business need not be insolvent to liquidate. Upon liquidation of certain business, such as a bank, a bond may be required to be posted to assure the proper distribution of assets to creditors.

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FAQ

Each way of dissolution has its grounds and specific legal procedure. While a corporation may be involuntarily dissolved under a court decree, the voluntary dissolution is carried out by a corporation's shareholders, as well as in special cases by the Board of Directors.

How do you dissolve a South Carolina Corporation? To dissolve a South Carolina corporation, file Articles of Dissolution with the South Carolina Secretary of State, Division of Business Filings (SOS). Submit the form in duplicate, with a self-addressed stamped envelope, so the SOS can return a copy to you.

Reasons for a Business Dissolution Low Cash Flow. ... Bad Management (or Accounting) ... Too Much Competition. ... Economy. ... Product Liability. ... Bankruptcy. ... Failure to plan for the future. ... Disagreements between Partners.

This means that the corporation still operates regardless of ownership withdrawal or death. There are two types of dissolution: voluntary and involuntary. Voluntary dissolution first requires a vote by the board of directors to approve.

You must file Form 966, Corporate Dissolution or Liquidation, if you adopt a resolution or plan to dissolve the corporation or liquidate any of its stock. You must also file your corporation's final income tax return.

Dissolution. The first step to closing up shop is receiving shareholder approval to formally close the corporation. The board of directors should adopt a resolution to dissolve the corporation and receive approval for the action.

The first is voluntary dissolution, which is an elective decision to dissolve the entity. A second is involuntary dissolution, which occurs upon the happening of statute-specific events such as a failure to pay taxes. Last, a corporation may be dissolved judicially, either by shareholder or creditor lawsuit.

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South Carolina Plan of Liquidation and Dissolution of a Corporation