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Professionally formulated document - the key to achieving the desired result!

Do you need to prepare a claim or petition? There were difficulties in negotiating a contract or registration of an LLC, as there are gaps and inaccuracies in the documents? Law & Wise corporate lawyers will provide you with competent assistance at the stage of the documents’ preparation and drafting!

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Say «no» to patterned documents!

Often legal entities need to draw up a document at the earliest to sign in short order an agreement with partners, contractors and suppliers. To do this, they resort to template documents, samples of which are available on the Web. However, in practice, most contracts and agreements, personnel documents and local regulations posted on the Web are not only irrelevant, but also contain a number of errors and inaccuracies that can cause serious financial damage to the company.

One can avoid such situations, especially in cases where non-standard documents are required, only by contacting professional lawyers. Do you need help? Lawyers of Law & Wise will prepare and draft the documents, the design and content of which will meet the requirements of current legislation. We will help to make:

  • a draft agreement or an amendment to the agreement;
  • local regulations: orders, staff schedule, job descriptions, etc.;
  • regulations on the protection of personal data, on trade secrets;
  • corporate documents: minutes of meetings of participants and shareholders, decisions, orders, lists, registers, etc.;
  • claims, business letters, notifications, pretrial claims;
  • petitions, a request for obtaining information from the Uniform State Register of Legal Entities, Uniform State Register of Real Estate Rights and Transactions, SRO and share registry;
  • applications, petitions, requests, complaints to law enforcement and judicial authorities;
  • claims, responses to claims and other court documents.
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QUESTION-ANSWER

What mandatory details must a claim to the court of general jurisdiction contain?

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Art. 131 of the Civil Procedure Code of the Russian Federation regulate the form and content of the claim. Regulatory act classifies the following mandatory requisites of the application:

- the full name of the court to which the claim will be sent;
- the name of the applicant, as well as the address of residence and registration;
- information about the location of the organization, if the plaintiff is a legal entity;
- the name of the defendant with the residential address or residence in the case of a legal entity;
- reasoning for violation of rights and legal interests;
- circumstances of the case and evidence of violation of the claimant’s rights and interests;
- the claim value;
- information about attempts to resolve the dispute in an out-of-court procedure;
- a package of accompanying documents;
- the claimant’s signature.

Is it possible not to pay the state duty when filing a lawsuit in court?

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The grounds and procedure for paying the state duty, as well as the procedure for granting an indulgence or installment plan for paying the state duty are established in accordance with the Tax Code of the Russian Federation.

For example, individuals claiming the recovery of wages and other requirements arising from labor relations, as well as the protection of consumer rights are exempt from paying state duty.

In addition, you can ask the court to grant you a deferred payment or installment plan for state duties. To do this, you must attach to the claim the corresponding petition. Thus, a legal entity, as a basis for granting a deferment, may attach an extract from the bank accounts of the organization, which will be evidence that the legal entity does not have the necessary funds to pay the state duty.

You can find more detailed and complete information about the benefits provided when paying the state duty in the provisions of Chapter 25.1 of the Tax Code of the Russian Federation.

How is the issue of securities carried out?

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In accordance with the Federal Law No. 39-FZ “On the Securities Market” dated April 22, 1996, the procedure for issuing securities includes the following steps:

1) the decision on the placement of equity securities or any other decision, which is the basis for the placement of equity securities;
2) approval of the decision on the issue (additional issue) of issued securities;
3) state registration of an issue (additional issue) of issued securities or assignment of an identification number to an issue (additional issue) of issued securities;
4) securities offering;
5) state registration of the report on the results of the issue (additional issue) of issued securities or presenting a notice on the results of the issue (additional issue) of issued securities.

Can the lawyers assist in drafting a complaint with FAS?

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Yes of course. It is worth noting that each antitrust case has its own nuances and needs detailed study. Our specialists have successful experience with the anti-monopoly service. The lawyers will not only help you to make a complaint, but also provide highly qualified support during the complaint handling in the anti-monopoly authority.

How can one appeal against the actions of the bailiff?

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In accordance with Art. 121 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings” the executive authorization of the bailiff and other officials of the bailiff service, their actions (inaction) on the execution of the enforcement document may be appealed by the parties of the enforcement proceedings, whose rights and interests are violated by such actions (inaction) by way of subordination and challenged in court.

Thus, you can file a complaint to higher-ranking bailiffs or immediately to court.

What list of documents is required to change the company's legal address?

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The procedure for changing the legal address is regulated, inter alia, by Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs” and includes several steps:

1) the decision by the founders to change the address.
2) the application submission to the Inspection of the Federal Tax Service with an attachment of the decision to change the address, the new wording of the charter, the lease or property agreement, as well as confirmation of the state duty payment. It is important to note that it is necessary to submit an application to the tax authority within three days after the decision to change the legal address is taken.

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