Legal entities

Togliatti, Dzerzhinsky St., 19, office 731. omecivan@mail.ru

Debt collection

Today, the issues of debt repayment through the arbitration court are the most common litigation. Despite the apparent simplicity of the procedure, debt collection in the arbitration court should be handled by qualified and experienced lawyers.

Debt recovery lawyer-a specialist who has a sufficient range of legal knowledge to eliminate debt to the creditor, both in court and in pre-trial order. Debt collection from legal entities is a complex legal procedure, which is regulated by the norms of civil legislation. I work not the first year in the sphere of rendering similar services, and perfectly understand how it is necessary to cooperate correctly in this or that situation.

What is the procedure of debt collection?

How to recover a debt from a foreign legal entity or obtain legal funds from the founders of the LLC or JSC? First of all, you need to contact a competent specialist who will solve your problem. Many companies use various schemes of evasion from payment of debt obligations, for example it can be change of the founder, replacement of a managing structure of firm, deliberate bankruptcy.

Timely appeal to a lawyer will increase the chances of the outcome of the case in your favor and debt repayment in full.

I provide the following debt collection services:

  • legal advice
  • legal assessment of the probability of a positive outcome
  • the settlement of the dispute in the pretrial order, including the preparation and filing of the claim and participation in negotiations
  • preparation of statement of claim for the recovery of receivables and other documents, preparation of documents for the court
  • analysis and examination of the debtor
  • determination of property status and position of the debtor, collection of information on its financial situation
  • participation at all stages of debt collection litigation
  • debt recovery through the court bailiffs service
  • debt collection through the service of judicial bailiffs
  • development of other schemes of influence on the debtor on debt collection

Also, I will assist in the course of enforcement proceedings until the full execution of all orders on debt obligations. You can count on my assistance in any legal matters related to the debts of legal entities.

Bankruptcy of legal entities

Sometimes the situation is such that an enterprise or a company cannot continue its activities and pay debts to creditors due to lack of funds. What to do in this case? Bankruptcy of legal entities is a legal basis to write off accounts receivable. Legal support of the bankruptcy procedure of legal entities is a set of measures to protect the rights and interests of the client during the bankruptcy procedure.

A bankruptcy attorney provides the following services:

  • pre-bankruptcy counseling;
  • preparatory work;
  • support of the process at all stages.

How to file for bankruptcy LLC? This procedure consists of a set of specific actions:

  • submission of application to the relevant authorities;
  • consideration of the case in the arbitration court;
  • settlement of existing arrears;
  • liquidation of LLC, exclusion from the unified register.

Bankruptcy procedure of a legal entity

The procedure itself is long and complex, and without the help of a specialist in this matter is almost impossible to do. The process of bankruptcy of a company or enterprise may be initiated by the founders, owners or Director, its creditors or other interested persons.

Bankruptcy as a basis for liquidation of a legal entity is provided by the law and also allows to release it from civil and tax obligations that it is unable to fulfill.

Professional assistance of a lawyer for bankruptcy, provides the following range of services:

  • analysis of various risks: tax, reputation, criminal;
  • assessment of legal ways to declare a company bankrupt;
  • selection of a reliable arbitrator to conduct the proceedings ;
  • organization and conduct of negotiations on a settlement agreement;
  • support of the procedure at all stages.

During the process, an experienced lawyer will find effective ways to restore the financial well-being of the enterprise. In particular, it organizes the participation of the arbitration Manager in the bankruptcy case, bankruptcy proceedings, financial rehabilitation and will take other measures provided for by the law. The main task of the bankruptcy of the company with debts-to reach an amicable agreement.

As a lawyer, with considerable experience, I guarantee You:

  • qualified legal support;
  • professional protection against errors and various risks;
  • the appropriate cost of carrying out of bankruptcy of the company;
  • a way out of any, even the most difficult situations;
  • efficiency;
  • improvement of business or legal liquidation.

The lawyer on protection of business reputation

For most companies business reputation is no less important resource than, for example, raw materials or personnel. And, like any other resource, business reputation can be irreparably damaged. The most common case is the dissemination of knowingly false information discrediting business reputation. The direct result of such actions is a significant reduction in profits, undermining the trust of customers and partners, and sometimes - and forced termination of the company. Modern law clearly prescribes liability for defamation. If in print, online media, other information sources are laid out inaccurate to denigrate the brand of the information; the aggrieved party has an opportunity to restore justice according to the established order through the procedure of judicial protection of business reputation of legal entities.

Are you an injured party in a similar situation? Then you will need a competent protection of the business reputation of the legal entity! Turning to me for help, you will not only be able to bring the distributor of false information to responsibility, but also to receive monetary compensation for the damage caused.

What does the service "protection of business reputation of a legal entity "include?

  • Determination of the proper composition of the subject of victims and perpetrators of harm;
  • Determination of the conditions of civil liability (Russian/foreign) in cases of protection of business reputation;
  • Special methods of protection of business reputation in Russian law;
  • Study of the company's founding documents, contracts and other internal documents;
  • Compensation for moral damage in cases of protection of business reputation;
  • Judicial protection of business reputation;
  • Preparation of the draft settlement agreement and its approval in court.

Protection during tax audits

Tax audit is an unpleasant procedure even for prestigious companies and conscientious heads of the company. As a rule, a tax audit involves the collection and review of all documents related to taxation and the identification of tax violations. All kinds of checks often become a harbinger of serious problems, especially since many bodies are authorized to do so. Often they are violating the fundamental principle — the existence of grounds for such action.

 Scheduled tax audits are carried out regularly and require careful preparation, as the tax control must ensure that taxes and penalties are paid in good faith. Therefore, unscheduled cause more fear and anxiety. To ensure that the tax service has no complaints and questions, you should contact a tax attorney..

There are several types of tax audits. Desk audits include verification of accounting records and verification of tax payments, without personal visits. On-site inspections require more accuracy from the taxpayer, as in this case, the tax control carefully checks the documentation and reporting.

In order to avoid disputes, conflicts and stressful situations, the taxpayer should know his rights and the rights of the tax service or other bodies, as well as be able to protect his legitimate interests. The right solution to this problem will be a timely appeal to a tax attorney.

Lawyer services in tax audits

In such a difficult, stressful situation, it is important to avoid mistakes and behave correctly, to know exactly your rights and obligations. The services of a lawyer in tax audits are as follows:

  • Telephone assistance and a quick visit to the customer
  • Monitoring of verification and elimination of abuse and provocation
  • Will challenge the seizure and inspection of documents and things that are legally not subject to inspection, prevent pressure on employees and illegal retention in the room
  • Will appeal against the grounds of inspections and decisions on their results
  • The lawyer will Resolve various misunderstandings with government officials

Corporate disputes

Corporate disputes arising out of violation of the interests of shareholders and participants of commercial companies are often resolved for a long time and require a large number of forces. Without qualified legal assistance, it is often impossible to extinguish the conflict, which leads to delays in proceedings. In the end, a long trial has a negative impact on the activities of the enterprise, causing deterioration of its work and decrease in profits.

Corporate disputes: concept

This category of cases is allocated by the legislation of the Russian Federation in a separate special Chapter. Such conflicts have their own characteristics, and their settlement must comply with certain rules established by law. There was no such thing as corporate disputes earlier in the civil law, but with the passage of time and the development of the economy, it had to be introduced. As stated in article 225.1. this type includes disputes related to :

  1. With the emergence of organizations, termination of its activities or change organizationally-legal forms.
  2. With the right to ownership of shares, shares of the company, as well as all related requirements and actions.
  3. With requirements of founders, shareholders.
  4. With the activities of the management bodies of a company (Directors, members, shareholders, etc.).
  5. With issue of shares and other securities.
  6. Other disputes listed in the law.

The emergence of corporate disputes: how to avoid them

Based on the existing practice, it can be clearly stated that any legal entity established for both business and any other will face problems in the legal field. Even if the company complies with all the requirements of the law, there may be a person who will try to appeal and challenge any action through the arbitration court.

Such claims deprive the company of:

  • time;
  • profit;
  • clients.

That is why it is important already in the process of establishing the company to consider and provide all possible risks, to establish options for overcoming difficult situations, to determine the methods of judicial and extrajudicial protection. The most appropriate option for this is to hire legal professionals. This method has recently been quite popular due to the ability to save on regular legal officers.

Features of solving corporate disputes in arbitration court

Corporate disputes are dealt with in the arbitration court and are considered to be the most complex cases requiring consideration of many nuances and careful preparation.

If a corporate dispute involves an issue or offering of shares, the procedure for dealing with it has its own peculiarities, since the number of claims filed against one legal entity can reach several thousand. Separate consideration of each of them requires too much time, therefore, provides for the filing of a claim by one person at the request of the remaining victims who had corporate relations with the defendant.

Also, the court carefully examines the case materials to exclude the seizure of rights to a legal entity by unscrupulous shareholders, often hiding the fact of appeal to the judiciary. In the end, the person in respect of which is trial, deprived of the opportunity to participate in the consideration of a court case and learn about the rendered court decision too late.

Therefore, at the moment there are special provisions that the Arbitral Tribunal must comply with when considering corporate disputes:

  1. To begin trial after studying of reliability and correctness of the submitted documents.
  2. Post on its official website information about the beginning of the case and the main stages of its consideration.

In addition, the judicial authorities have the right to obligate the shareholder who filed the claim to notify the company that a production case has been instituted against it, as well as to inform interested persons about the course of its consideration. In case of improper performance of the duties assigned to the plaintiff, penalties are imposed.

In particularly complex situations, the court may initiate criminal proceedings against persons involved in the conflict in a corporate case. This measure allows bringing the case to an end and bringing the guilty party to justice.

I am a lawyer specializing in solving corporate conflicts, ready to settle the dispute in arbitration without going beyond the legal field.

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