Despite the attempts of the legislator to exclude the raider seizure of business, the cases of unlawful deprivation of entrepreneurs’ rights to their own enterprises and their property have not significantly decreased. Raider seizures are a threat to any type of business regardless of the scope of its activities, its size or the number of years on the market. Although, it is understandable that the more attractive the enterprise in terms of its income or property in its ownership, the higher the risk of its capture. In addition to illegal transfer of ownership rights to an enterprise, the interests of raiders are also often directed to real estate, including land owned by legal entities. The tools of seizure are mainly forgery of documents, signatures on documents, holding of meetings of the highest management body of the enterprise with violation of procedure and the like. An important component in the procedure of restoring the rights of the owner is working with employees and business partners (tenants, suppliers), since in case of incorrectly organized work a person can incur not only material damage, but also loss of confidence of personnel or counterparties, worsen his own business reputation. The lawyers of our company have vast experience in restoring the rights of owners in the unlawful seizure of their business or property.
The law firm “SLS Group” offers anti-raider services. Our specialists:
- conduct an analysis of possible risks;
- propose and help implement measures aimed at preventing raider seizure;
- propose an algorithm of actions to restore the rights to the enterprise and property;
- formulate the behavior models and the algorithm of measures necessary until the restoration of the rights to the enterprise and property in order to protect the interests of workers and business partners.
Timely appeal for legal aid and protection to qualified lawyers of our company will help prevent raider seizure. After all, prevention is always cheaper and more effective than returning of assets and business. And in case the capture took place, our team to restore the rights to business and property as soon as possible.
Raiding in Ukraine: how capture takes place
Today, raiding in Ukraine is gaining momentum – more businesses are suffering from it. Although the term “raiding” is actively used by both entrepreneurs and state bodies, it does not have an official definition in Ukrainian legislation. This concept came from the United States, where raiders call the side that absorbs business in the process of merger. But in Ukraine, the raider received another meaning: it means “unfriendly” to take over business or establish control over its assets against the will of its owners, usually through illegal actions.
Today, raiding in Ukraine is gaining momentum – more businesses are suffering from it. Although the term “raiding” is actively used by both entrepreneurs and state bodies, it does not have an official definition in Ukrainian legislation. This concept came from the United States, where raiders call the side that absorbs business in the process of merger and acquisition. But in Ukraine, the raider received another meaning: it means “unfriendly” to take over business or establish control over its assets against the will of its owners, usually through illegal actions.
Raiders carefully prepare for the attack. Traditionally, the capture of an enterprise takes place in several stages:
- first one is data collection. At this stage, raiders decide that the company worthy of attention. They investigate its investment attractiveness, level of protection, weak points, collect data and compromising information. Usually, they used employees for such purposes.
- capture of the enterprise: based on the collected materials, the raiders decide which method will be effective. Attack can occur:
o through the authorized capital by depriving the owner of the company of all or part of its corporate rights, either through figureheads or through co-owners;
o through the purchasing of accounts payable;
o through financial fraud and forgery of documents;
o through the initiation of bankruptcy;
o by creating artificial problems with regulatory authorities;
o through the opening of criminal proceedings against founders and managers.
In the absence or low level of legal protection, the most rapid and effective method is the power takeover of the enterprise. Usually companies cannot repel an attack. As a result, raiders are legalized and the business is completely absorbed.
It is possible to protect your business from raiders together with the law firm “SLS Group”. Our team of lawyers will develop an effective system of legal protection at the juridical, financial, reputational levels, taking into account all risks. More information – from our experts!