Legal protection of a business can be divided into two areas: protection from aggressive actions of other businesses (raider takeovers, takeovers) and protection from arbitrariness of law enforcement agencies.
to the lead lawyer
Business protection is a line of business of a law firm that involves protecting a business from aggressive actions of another enterprise or arbitrariness of law enforcement agencies.
It is not so easy to attack a business that operates within the legal framework and is properly registered. Usually, those enterprises that have vulnerabilities are attacked: incorrectly registered property rights, offshore companies, etc. Consultation on business protection takes place in several stages:
It is not necessary to wait until an inspection or raiders come to a small business and it will need protection. In our practice in the early 2010s, there was a case when businessmen who were afraid that their real estate would be taken away turned to DE-YURE. Although this did not threaten them in the immediate future, we developed a complex scheme to pledge all their properties to a third party with notarization, and after a few years we returned everything back.
Ideally, a client wishing to protect business assets should come to a consultation with a business lawyer with their accountant. At the client’s request, the lawyer may request additional documents (for example, property rights) from the registry.
Sometimes law enforcement agencies take all tax documents for examination during the consideration of a criminal case. An experienced business lawyer looks at the whole picture and can assume what such a request will lead to and advise what measures should be taken.
The result of a lawyer’s assistance in protecting the rights and interests of a business is the resolution of a specific problem that the client has addressed. For example, he will be able to formalize the property in such a way that law enforcement agencies will not have any questions during an inspection in the future. And if the enterprise is already under attack, the client receives recommendations regarding business protection mechanisms. In some cases, this may include bringing the conflict into the public space, publicizing it in the media, and involving law enforcement agencies.
Protection from the actions of other businesses appeared in the era of raider takeovers, when raiders came to state and joint-stock companies with a fake director’s seal, appropriated property and put the business up for sale. It is quite difficult to return everything as it was in such cases. In relation to private businesses, active protection appeared in the early 2010s, when enterprises were attacked by both law enforcement and criminals.
Today, protecting business interests involves proper structuring and registration, because often an entrepreneur has a certain number of other enterprises that work with him in conjunction, without even suspecting that they are breaking the law. The law firm “DE-JURE” helps to structure a business without a significant increase in taxation.
Regulatory authorities, such as the tax authorities, usually warn about an inspection in advance, and the entrepreneur has the opportunity to prepare and consult with a business lawyer.
Criminal cases are an exception, but a business lawyer can arrive urgently to support the inspection and assist on site during the search.
Examination of the existing business structure for vulnerabilities is an ongoing job, because legislation is constantly changing, and a business support lawyer must be aware of the latest innovations and inform the client about them.
Foreign citizens wishing to cooperate with Ukrainian partners, from the very beginning, need legal support and assistance from a lawyer who thoroughly knows the legislation of Ukraine. Otherwise, errors in the registration and structuring of the business are possible, which creates a risk of loss of property.
The structure of business asset protection assumes compliance with current legislation. Assets that are located abroad, as well as various property registered to partners, must be structured and registered correctly.
It will be extremely difficult to attack a business that is registered and registered in accordance with the requirements of the law. Therefore, you should contact the company “DE-JURE” in advance and take all necessary measures to protect the business.
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