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Liquidating corporation

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However, even if its business fails, a corporation can continue to exist.Corporations are perpetual entities that only cease existence through voluntary or involuntary dissolution through the secretary of state.It specifically relates to how a corporation distributes assets that remain after clearing outstanding debts.Internal Revenue Service regulations that apply to all corporations, as well as rules in the corporation’s home state, determine how liquidation takes place.An asset sale liquidation is essentially the sale of all assets in exchange for the outstanding stock held by shareholders.Your corporation should request shareholders return their stock certificates in exchange for the shareholder's applicable share of the asset sale.

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Regardless, the amount available is totaled and divided proportionately among shareholders according to the number of shares each shareholder owns.

It must also sell or auction assets and use the proceeds to pay any of its outstanding debts and obligations.

After your corporation pays all existing creditors, it must distribute any remaining proceeds or assets to shareholders.

Although state rules share similarities, it’s best to contact the secretary of state for the corporation’s home state to get state-specific information on corporate liquidation rules and regulations.

State requirements specify the information a liquidation plan must include.