“Schemes of withdrawal of business in modern conditions” — Tatiana Tereshchenko for “Delovoy Peterburg”
"Delovoy Peterburg" revealed working schemes of withdrawal of business in modern conditions. Experts shared their "harmful advices" and analyzed them for risks from the point of view of the criminal code of Russian Federation.
The first scheme. Accuse the partner of fraud
Occurs in the case of a corporate conflict between the shareholders — partners of the business.
The second scheme. Bag with debts
Effective mechanisms of business withdrawal are provided by the bankruptcy law:
- firstly, there is a need to monitor the build-up of accounts payable;
- in addition, whenever possible, should make money for the firm borrowing from itself or controlled by individuals, thereby again increasing friendly creditors;
- if there is no asset as such on a common company, and the business is valuable in itself, then you can slowly transfer the customer base to another legal entity, where you do not have partners.
The third scheme. Pampering the values of
Many businessmen practice registration of the legal entities on nominal owners with registration of an option for purchase of shares back that is fraught with loss of business. Sometimes business owners lose it just because of the raised vigilance.
The fourth scheme. Select ship
Many ship-owners have missed a significant part of the units of his fleet, passing the court in the management or bareboat-charter to dishonest partners.
The fifth scheme. Evil in the wording
According to Tatyana Tereshchenko, head of the analytical division of the "Prime Advice", to obtain control of the business, using the ambiguity of some wording in the law.
"For example, by bringing a criminal case against members of the board of directors — majority shareholders who allegedly control companies, it is possible to seek judicial review, which will limit the voting rights of such companies at the general meeting of shareholders, for example, by arresting shares, excluding them from the quorum count, as well as blocking the work of a particular member of the board of directors and — at a high threshold of quorum or making decision — the entire board of directors."
The root of evil here, according to the expert, lies in private law.
"The statement on bringing to criminal responsibility of persons performing managerial functions in commercial companies is very bad. In particular, it includes members of the board of directors among such persons. This erroneous position is due to the inclusion of the board of directors in the number of collegiate executive bodies. As a result, members of the board of directors are prosecuted as "officials".