ESQUIRES Managing Partner Oleksandr Shkelebey shared his own “techniques” in the fight against raiding with the students of the School of Case law «Legal High School»

ESQUIRES Managing Partner Oleksandr Shkelebey shared his own “techniques” in the fight against raiding with the students of the School of Case law «Legal High School» 150 150 Esquires

Managing Partner of ESQUIRES law firm Oleksandr Shkelebey shared his own “techniques” in the fight against raiding with the students of the School of Case law «Legal High School»

” It is necessary to understand the ultimate purpose of the raiders, In order to choose an effective mechanism for protecting corporate rights against raiding, ” said Managing Partner of ESQUIRES law firm Olexander Shkelebey

The lawyer shared with the audience an approximate algorithm of actions for a lawyer during the illegal takeover. In particular, the first step is the collection of information, then to get acquainted with the protocol and other documents, which were submitted to the state registrar for registration of activities; the third step is verification of documents for compliance with the legislation; the fourth step is appealing against of the registration action; the fifth is the initiation of criminal proceedings.

At the same time, Oleksandr Shkelebey emphasized that while choosing a body, where the registration action will be appealed, you should consider that according to the current legislation a parallel appeal to the Complaints Commission of State Registration of the Ukrainian Ministry of Justice and to court is impossible.

The most common raiding schemes in Ukraine are document falsification, bribery of a registrar or notary, theft of an electronic key of a registrar, purchase of company debts, and bribery of a director or management of an enterprise.

In addition, Mr. Skelebey recommended to lawyers in order to protect business from raiding to take preventative measures such as: conducting a risk audit; constant control over changes in the composition of shareholders; prevention of company debt accumulation; avoid conflicts within the company.

“In the whole world, the raiding means the legal takeover of a company against the will of its management (unfriendly takeover), unlike in Ukraine, where it is the  seizure of assets or corporate rights of a legal entity using illegal methods and means,” said Mr. Shkelebey, making the emphasis  on what lawyers practicing in Ukraine should face.

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