Corporate protection has become quite popular in Ukraine over the past 8-10 years, as "corporate wars" remain quite a "popular" way to re-divide business not only in our country, but also all around the world, while total or partial loss of corporate interest might become a potential cause or prerequisite for loss of business as a whole.
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2. CORPORATE LAW
• This law practice is highly popular due to the fact that
the protection of corporate interest provides the basis
for successful operation of business in any country of
the world.
• Corporate protection has become quite popular in
Ukraine over the past 8-10 years, as "corporate wars"
remain quite a "popular" way to re-divide business not
only in our country, but also all around the world, while
total or partial loss of corporate interest might become
a potential cause or prerequisite for loss of business as
a whole.
Syutkin and partners Law Firm, Ukraine, Kiev
CORPORATE LAW
This law practice is highly popular due to the
fact that the protection of corporate interest
provides the basis for successful operation of
business in any country of the world.
Corporate protection has become quite
popular in Ukraine over the past 8-10 years, as
"corporate wars" remain quite a "popular" way
to re-divide business not only in our country,
but also all around the world, while total or
partial loss of corporate interest might become
a potential cause or prerequisite for loss of
business as a whole.
Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com
3. Themainissues, withwhich our clientscome tous andwhichare themost
problematicfor businesses in this areaare:
1 Protectionof therightsof shareholders /members againstunlawful actions by
other members / company managers
2 Minimizationofmembers’/ shareholders’risksrelatedtopotential actions by
other members / shareholders and/ or thirdparties
3 Liabilityofthe company’s directorforthe damage caused tothe company,
minimizationofthe risks of thecompany (assets) throughcreationofthe
corporatestructure ofthe company withoptimal powers of the company’s
directorand control overhis activities
Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com
4. • 4 Raider attacks / illegal takeovers of corporate rights by other company members,
securitization of corporate interest / company’s assets in the course of such
takeovers
• 5 Holding of the general meetings of members / shareholders where there is a
corporate conflict between the members / shareholders of the company
• 6 Litigations between members / shareholders of the company, including those
related to expulsion of a member from members of the company, recognition of
agreements on purchase and sale of shares in the authorized capital as invalid
• 7 Corporate conflicts, including court disputes related to recognition of general
meetings of members / shareholders as incompetent, and setting aside of the
minutes of the general meetings of members / shareholders
• 8 Corporate conflicts related to division of marital property, minimization of the
risks of loss of corporate rights in the course of division of marital property (if
corporate rights are owned by an individual)
• 9 Enforcement of court decisions
Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com
5. Enforcement of court decisions
About development of solutions in this area
practices is engaged
Natalia Osadchaya
partner
Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com
6. • Our lawyers are specialising on this area
• Yaroslav Serputko
• email: serputko@siutkin.com
• Valentina Siletska
• email: siletska@siutkin.com
• ANASTASIIA LASHKUL
• email: lashkul@siutkin.com
Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com
7. • A company
• Nonresidentcompanywasleadeda successful businesson theterritoryofUkraine.Wasthe
majorityownerof thecorporaterights.
• A problem
• A companyhasenteredintoasmall courtconflicton theterritoryofUkraineand the general power
ofattorneyhasissued to theChairmanof societyin whichtherewasa point(deliberately
prescribedbyUkrainianpartners)aboutproviding tothe lastthe righttoconductofgeneral
meetings ofsocietyandaccepton behalffromthe participants,any decisions.Chairmanofthe
societyhasconspiredwith directorsoftheCompany,andtheyheld ageneral meeting of
participants- anddecided toliquidatethecompany.Theforeign investor foundoutthathis
companyis underliquidationbyaccident,hasreferredto ourcompanyforlegal advice.
Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com
8. • Solution
• We have stopped the process of liquidation of the company, and even saved the part of
the property of the company. But as all statutory documents and printings of the company
were located at the former director, the latter managed jointly with the chairmanof the
company, "generate debts of an enterprise" and transfer all the expensive equipment of
the new company, which was established by him and former Chairman of the society.
One legal error of a foreign investor, who worked on "confidence" cost him the loss of a
profitable business on the territory of Ukraine and the loss of half of the assets that he was
bringing into the territory of Ukraine. Ourrecommendation: the development of legal
protection scheme assets and of the corporate rights at the stage of creating a business,
the implementation of such a scheme - is a prerequisite for successful business,
preservation of property companies and obtain a stable income.
Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com