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Legal advice for business in Moscow - professionally and quickly!

Legal advice on business issues is one of the most popular legal services in Moscow, as the majority of entrepreneurs face many problems in doing business, which they cannot easily resolve by themselves. Do you need advice from an experienced lawyer specializing in working with small and medium-sized businesses? Law & Wise experts are ready to provide the necessary legal support for your company!

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Types of legal advice available to our customers

Law & Wise experts will provide the following counseling support to clients:

  • Telephone / legal online advice. Ideal expert advice for clients who need to resolve their legal issues as quickly as possible.
  • Reception by a lawyer (personal counsel). Thanks to an in-depth study of the client’s problems, experienced lawyers will help find a way out of any, even contradictory situations.
  • Written opinion of a lawyer. This type of counseing involves the preparation of a memoramdum of law or legal opinion.
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Judical practices and cases

QUESTION-ANSWER

What are the advantages of in-person counseling at a personal meeting with a client?

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Personal communication with a lawyer helps to maximize the confidentiality of the information provided. Undoubtedly, direct acquaintance with a lawyer strengthens business relations and effectively influences further cooperation.

Who and how can buy or sell debt?

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In accordance with Art. 388-390 of the Civil Code of the Russian Federation, purchase and sale of debt obligations are executed in a cession agreement. The lender has the right to make such a transaction in order to transfer the rights of claims to another person.

However, there is an exception to this rule: if the parties established in the contract that the identity of the creditor is significant for the debtor, but this does not follow from the substance of the arisen obligation, then such conditions should be qualified as a prohibition on assignment of rights under the contract without the debtor’s consent.

Should the guarantor pay the debt for the borrower?

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Under the contract of guarantee, the guarantor commits himself to the creditor of another person to be liable for the latter in full or in part.

However, this does not mean that the guarantor takes full responsibility for the borrower. According to the provisions of Art. 365 of the Civil Code of the Russian Federation, the guarantor who fulfilled the obligation, assumes the creditor’s rights under this obligation.

The guarantor also has the right to demand from the debtor the payment of interest on the amount paid to the creditor and the reimbursement of other losses incurred in connection with the liability for the debtor.

I cannot get a court decision, what shall I do?

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In accordance with Part 1 of Art. 199 of the Code of Civil Procedure of the Russian Federation, the court decision is made immediately after the proceedings. The court should announce the resolution part of the decision at the same court session, in which the proceedings were completed.

Delaying the issuance of a court decision is a gross violation, which by itself limits the right of citizens to timely acquaintance with a court decision, its appeal and execution. To obtain a court decision, you can send an application to the court for the issuance of a judicial act, if it is left without consideration or if there is a violation of the terms of extradition, you have the right to write a complaint against the actions of court employees to its chair.

In the commercial court, acquaintance with the judicial act is much simpler: in accordance with Art. 177 of the APC RF, the electronic form of the decision is posted on the official website of the commercial court in the Internet within twenty-four hours from the day of its making.

At the request of the said persons, paper copies of the decision may be sent to them within five days from the date of the receipt of the relevant request by the commercial court by registered mail with return receipt or handed to them with acknowledge of receipt.

If the decision is executed only on paper, the commercial court sends copies of the decision to the persons participating in the case within five days from the date of the decision by registered mail with return receipt or hand them with acknowledge of receipt.

What to do if the tax office has blocked a current bank account?

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In accordance with art. 76 of the Tax Code of the Russian Federation, the tax authority has the right to block expenditure transactions on accounts within the amount specified in the tax payment notice and the decision to suspend operations. The suspension of account transactions is lifted the next day after the tax authority receives the documents confirming the payment of taxes. Therefore, to unblock your accounts, you need to file a statement to the local tax office and attach copies of payment documents confirming the fact of obligations fulfillment.

Is there a time limit for filing a complaint with FAS?

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The deadline for filing a complaint with FAS depends on the nature of the dispute. For example, if a dispute is related to appealing actions / inactions of the state customer within the framework of Law No. 44-FZ, then such deadlines are established in separate articles of the mentioned law (the general procedure for filing a complaint with the antimonopoly authority is regulated in Article 105 of Law No. 44-FZ).

There is one general rule though: if you decide to appeal against the actions / inactions of the state customer, you must file your complaint as soon as possible, since Law No. 44-FZ establishes a short period for such an appeal.

Do not forget that the legislation provides for a mechanism for challenging by judicial means the decisions taken by FAS.

How often do you need to have an audit?

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The audit is regulated by the Federal Law dated December 30, 2008 No. 307-FZ “On Auditing”. In accordance with Art. 5 of the law, a mandatory audit is to be conducted annually. Cases in which a mandatory audit is carried out are also regulated in Art. 5 of the mentioned above law.

In other cases, the frequency of the audit is set in the local acts of the legal entity (as a rule, audit services are carried out as needed).

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Law & Wise - round-the-clock business counseling!

Constant legislative base updates often negatively affect medium and especially small sized business in Russia. Entrepreneurs and owners of companies do not always have time to track changes in legislation, which results in numerous unpleasant situations: conflicts and disputes, and in some cases in administrative responsibility of a legal entity.

Timely legal advice, which will minimize the legal risks of the business allows to avoid such problematic situations and sanctions by the supervisory authorities. Do you need legal assistance? Cooperation with our law office will allow you to:

Protect the company from creditors in case it is necessary to liquidate a legal entity, including through bankruptcy proceedings

Reduce company risks, including those relating to the reputation and image of the company

Save fees for an in-house lawyer, because single-time legal services are much cheaper than the monthly salary of a full-time lawyer

Avoid unforeseen expenses. Legal audit of documents, in combination with expert advice, will identify existing shortcomings in the company's documentation, which may lead to sanctions and fines on a legal entity in the event of an inspection by government agencies.
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Our experts

Ilya Kirillov
Executive Partner
Denis Dubovik
Executive Partner
Ivan Kolsanov
Associate Partner, Insolvency Officer
Georgy Simonyan
Associate Partner, IMEX Expert, PhD in Law
Damir Nigmatulin
Senior Lawyer
Zhuravleva Olga
Senior Lawyer
Tokarskaya Daria
Assistant Manager
Aliev Elman
Lawyer
Law & Wise legal services in Moscow +7 (495) 7-222-800 info@lwise.pro 2 Entuziastov Boulevard,
BC Golden Gate, 24th floor
Mo-Fr from 10 a.m. to 7 p.m.