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LIQUIDATION OF THE COMPANY DOES NOT PARALYZE THE EXECUTION OF NEW OPERATIONS.

Although it is true that the regulation indicates that in a company in liquidation process no operations in development of the corporate purpose should be initiated and that those already initiated should be terminated, the Superintendence of Corporations specified that it is necessary to analyze each particular case.
According to the entity, the initiation of the process does not mean total paralysis, complete inactivity or cessation of all commercial activity, since the proceedings related to the liquidation may consist of commercial activities carried out for the purpose of extinguishing the legal entity.
Therefore, the activities that make up the corporate purpose must be reviewed and the liquidator, in the exercise of his functions, must tend to preserve the assets to be liquidated, so that they do not lose their value, while doing everything necessary to complete the liquidation process as soon as possible.
These proceedings must lead, among other operations, to the sale of the company’s assets, collection of credits, and restitution of assets, if any, in accordance with the provisions of Article 238 of the Commercial Code.
The entity recalled that the new operations are presumed valid to the full extent of the word, provided that they are related to the liquidation and on those that exceed the capacity, as long as there is no judicial pronouncement to the contrary, without prejudice to the liability of the administrators.
Credit: www.ambitojuridico.com

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