Standard legal services of our company
Constitute analytical investigations or solving various legal problems on the base of current norms of the international and Russian legislations.
In the course of work on projects we endeavour to solve Clients’ problems without bringing them to the court but when a necessity or a request arises we conduct judicial cases professionally and with high quality. Attorneys with whom our company co-operates represent on exclusive conditions interests of plaintiffs and respondents in court of general jurisdiction and arbitration tribunals of all levels all over the country on corporate, anti-monopoly, building, insurance disputes, as well as disputes in the field of intellectual property and in cases on bankruptcy. Besides, our specialists and partners have experience in the field of international disputes which is unique for Russian law firms.
The tax group of the office specialises in structuring large-scale investment projects and deals with the purpose of minimizing tax payments. Knowledge of the Russian taxation system, international principles of taxation, and principles of taxation in jurisdictions used most actively when investing allows us offering our clients most profitable ways of realising investment projects. Our partners-barristers have exclusive experience in representing clients’ interests in disputes with tax authorities including those in arbitration tribunals.
In international and Russian business practice it has become widespread to resort to specialists-experts on legal questions for consultations on instant questions in the field of law. A legal expert conclusion delivered in accordance with international standards (in international practice – «Legal Opinion») is a reliable source of information of all legal points of a problem considered, it has force of an official legal document and may be used not only for taking an important administrative decision but also for presentation in a court as an evidence in the course of investigation on an instant case.
A report about due diligence of a partner on a deal, an enterprise as the subject of a deal, legal bases of a seller’s using property (in international practice – «Legal Due Diligence») is a full legal expertise of a legal entity or another object and serves as a documental confirmation of diligence of a potential partner – investor or seller. We perform such expertises in accordance with international standards of «Legal Due Diligence» exclusively by forces of specialists and partners having most experience of performing such work.
Nowadays the Russian Federation’s legislation provides for legal conditions for creating the system of trust over objects as well as for a commercial company’s obtaining an object being in ownership of the state on conditions of a public and private partnership (PPP or concession). Transfer of property by a founder of administration into trust does not cause transfer of the right of ownership to the trustee who is obliged to effect property administration in interests of the owner or a third party determined by the owner. In all cases the base of arising of relationships on a PPP or concession arrangement is a contract, and management by a commercial organisation of an object created or reconstructed in the course of realization of the concession arrangement is effected within the term indicated in the contract. Our specialists have experience unique in Russia on developing competitive documentation for transfer of objects into PPP (concession) and realizing transfer of objects into trust.
We are ready to help with choosing an optimal organizational and legal form of performing commercial activity of a non-resident on the Russian Federation’s territory, state registration of branch offices, representations and legal entities with non-residents’ participation on the Russian Federation’s territory; we can effect legal maintenance of deals with non-residents’ capital and develop schemes of carrying out operations with currency.
When performing work on rendering this service our specialists will prepare necessary documentation, develop an investment agreement and business plan and approve it in state authorities. We have experience of developing building agreements including internal economic ones with taking into consideration of recommendation by the International federation of engineers-consultants (FIDIC).
Process of reorganisation is indefeasible part of development of any company, both Russian and foreign. Process of economy activity is influenced by a lot of external and internal factors: particularly, changes of the market state mechanism, of the political situation in the country, appearance of new partners in business, arising of new trends in development of a company. Preparation for performance of reorganization and its performance itself requires much experience and skill in solving problems appearing. We will help to effect legal and accounting maintenance of reorganization, perform economic estimation of merger, de-merger of companies with participation of opinion of Russian managers and foreign founders. Our company’s attracting experienced specialists for this work will allow reduction of time of effecting reorganization and increase of its performance quality.
Disputes with the tax authority, tax advisor.
Attention! Due to substantial changes in the arbitrage practice, our company recommends not to initiate lawsuits without serious analysis of the situation and estimation of the consequences of such lawsuits for you and your business.
Legal assistance beginning already during a tax checking of an organisation makes it possible to maximally use all opportunities for defense of your interests. Many disputable questions on which a tax inspector is not sure or doubts can be solved by a skilled lawyer in a direct dialog with the inspector. In a number of cases it is possible to convince an inspector of lawfulness of actions of an organisation even if the inspector has a different point of view. Finally, in case if an inspector has a flat mood to draw a deed of violations made and charge considerable taxes for a company, the information of what violations the inspector paid attention to gives an opportunity for efficient taking of administrative decisions, and in a number of cases an opportunity to take preventive measures beforehand.
A pretrial appeal of results of a tax checking is an obligatory measure; otherwise the right to appeal against the results of the tax checking in the court is lost. Forming a complaint de-facto begins already before the moment of pronouncing a judgment of charging amounts of the tax not paid, penalties and fines upon your company. Immediately after having the deed of the tax checking in your hand it is necessary to define the right tactics of further appealing of the future judgment according to the procedural rules. At what moment it is better to familiarize yourself with the materials of the tax checking? How to file an application? What to write in the explanation and whether to write it at all? How to see to the term of legal actions and what will be their sequences for your organisation? A skilled lawyer will prepare a complaint and help you to define your actions in the most efficient way taking into account the term stipulated by the law.
Ensuring measures are necessary for that charged amounts of a tax not paid, penalties and fines are not collected from your company in the so called non-accept (i.e., unconditional or executional) order. The law stipulates coming in force of a decision of the tax inspection irrespective of a subsequent appeal against this decision in the court. Money resources will be simply taken from your company and then you may have long and stubborn legal proceedings with the tax inspection. A demand to pay taxes or duties is the most dangerous document starting the «count down» of the term to the day when all the amounts charged by the tax authority will be taken from the account of your company without your concern. In order to prevent it our specialists on taxation will help you to take pretrial measures purposed to prohibition of fulfilment of the tax inspection’s demand to pay taxes or duties.
A judicial appeal is what most often businessmen turn to us for. It is actual in cases when the tax inspection has taken a decision to charge considerable amounts and demands to pay them, tries to declare invalid your deal with a contractor, has applied with a demand of bankruptcy of your organisation or performs other actions negative for your business. Our company has much experience in appealing against decisions and actions of tax authorities and officers. We are always ready to defend your interests in this field and use all skills our specialists have. However, a neglected problem is a factor that may substantially decrease or even destroy the initial chances for a successful appeal against these decisions in the arbitration court. A judicial appeal is effective when effective preparation work has been performed. Turn to us in time!
Any, even insignificant, attention to your company paid by tax authorities and afterwards also by law-enforcement ones under unfavourable circumstances may result in an accusation against you personally. Even the investigator conducting a criminal case sometimes cannot foresee it himself. Alas, economic crimes are remarkable for special complicity of formal elements. Today within the limits of a case you are only a witness but already by the evening you may become also accused. A personal advocate specialized in cases of economic nature can minimize such risks. Our company has already co-operated successfully for many years with known advocates of St-Petersburg practicing in this field of legal knowledge. Not only a suspected or accused person is entitled to have an advocate but also a witness is. Engaging an advocate at any case most often is a barest necessity.