Economic - legal supportEconomic - legal support of considered transactions can be divided into three
stages: a preliminary stage, economic - the legal analysis and purchase or
refusal of purchase of business.
The purpose of a preliminary stage is the express train - the analysis of the
project for an estimation of amount ofworks, definition of quantity and
structure of employees of working group under the project, calculation of cost
of services on each stage of works and definition of the list of the services
included in the contract on carrying out economic - the legal analysis of the
enterprise.
The second stage includes economic - the legal analysis of the status of the
enterprise, the analysis documents on a property complex, examination of a
condition of the accounting reporting. At the given stage examination of
constituent documents of the enterprise, since the moment of creation and
including all the registered changes, on conformity to the current legislation
is spent. Prisoners before the transaction and necessary coordination on them
are analyzed all. If the enterprise is joint-stock company conformity of
documents to the legislation on a securities market is analyzed.
During the analysis can be elicited the following facts: non-observance of the
order of the state registration of release of securities; infringement of the
right of priority of shareholders (participants) at fulfilment of transactions
of sale and purchase of actions (shares); infringement of the rights
ofsuccessors; purchase more than 20 % of actions (shares) without the
coordination in antimonopoly bodies, etc.
Often enough, having lead the legal analysis documents on a property complex,
experts specify non-observance of the order of the state registration of the
rights to real estate, non-observance of the antimonopoly law at fulfilment of
transactions with property, infringement of the ground legislation, wrong
registration or absence of the documentation on property of the enterprise, etc.
At revealing infringements experts estimate an opportunity of their elimination,
risks, negative consequences and expenses for their elimination.
Examination of a condition of book keeping of the enterprise helps to estimate
an opportunity of financial losses in connection with imposing of sanctions by
tax bodies.
On results of the second stage the customer makes a decision on expediency of
purchase of the enterprise as property complex or about refusal of purchase at
revealing rough ineradicable infringements. In case the decision on the
conclusion of the transaction is accepted and there is an opportunity and
necessity of elimination of the revealed infringements, the coordination of the
order of their elimination is spent.
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