Pre-trial dispute settlement
Today there are two main ways of dispute settlement in the Russian legal system. The main and most frequently used method is a trial settlement of conflicts. However, for a variety of reasons, the second method – pre-trial dispute settlement, is gaining increasing popularity.
Closure of a branch/representative office of a foreign company in the Russian Federation
Liquidation of a foreign legal entity is a multistage procedure introduced by the state and resulting in cessation of operations by companies. After a company officially closes, these data are recorded in the corresponding register and the company is registered as liquidated. At the same time, all its subsidiary offices abroad should also commence the liquidation procedure according to the legislation.
Liquidation of company
Liquidation of company is procedure prescribed by law for final cessation of its activity without transfer of rights and obligations to other entities. Termination of legal entity’s activity is a process, each stage of which is regulated by state legislation. In case of its violation, the process may be delayed for a long time or come to the deadlock, that is not profitable for company’s owner, and faces fines.
Appeal against a decision to liquidate a legal entity
A legal entity can be liquidated voluntarily and forcibly, as well as if it is declared insolvent. In case of voluntary liquidation, the reason for such a decision can be expiration of the deadline or fulfillment of its company’s objectives. When a legal entity is forcibly terminated (for example, based on a court decision), mistakes are often made. In such cases, the owners have a question: is it possible to appeal the decision on the liquidation of a legal entity.
Legal analysis of incorporation documents
According to art. 52 of the Civil Code of the Russian Federation, legal entities act on the basis of the articles of association (AoA), which shall be approved by their members. The AoA of commercial corporations (JSC or LLC) is the main document regulating their activities. Also, the AoA contains basic information about the company making possible its identification. Company members can also draw up a memorandum of association (MOA) governing the establishment of an enterprise.
Protection of violated rights in arbitration court
Companies and individual entrepreneurs while carrying out its business activities, inevitably face conflict situations related to violations of its rights. In such circumstances, the most common and effective method of resolving a conflict is to protect violated rights in an arbitration court. According to Russian legislation, disputes involving legal entities, organizations and individual entrepreneurs are resolved by arbitration courts.
Copyright protection in the Arbitration Court
Currently, the result of companies’, individual entrepreneurs’ or individuals’ activities can be not only directly tangible assets or services, but also objects of intellectual property. The rights to such objects are called copyrights. By copyright we mean intellectual rights to works of science, literature, art, computer programs and databases. The objects of copyright are books, articles, films, musical works, works of painting, design, photography, etc.
Establishment of branches and opening of representative offices of foreign companies in Russia
In order to do business in the Russian Federation, foreign investors establish limited liability companies (OOO), branches, or open representative offices. Establishment of branches or opening of foreign representative offices in Russia is connected with the accreditation procedure, which is more complex and costly compared to registration of OOO. Nevertheless, many companies choose exactly this way to perform activities. Why?