Tax and Customs

Tax issues have always been one of the core focuses of our practice.

In corporate projects we always consider tax consequences and optimise corporate activities in terms of payments to the budget.

We provide legal support and assistance in respect of tax issues at various stages of business processes: advising on transactions made by legal entities and individuals as well as elaborating tax minimising concept of transactions.

You can also receive full support of experienced advocates of the Bureau at the tax audit stage and, if necessary, at the trial stage in court. From our experience a significant amount of problems could be solved before the tax audit stage is finished.

Separate area of our practice is legal support and assistance in law enforcement agencies in respect of tax issues, during both pre-investigation and investigation procedures.

Tax payments in cross-border transactions are formed and paid during customs clearance of goods. That is why we also maintain strong legal practice to decrease customs payments as well as refund overpaid amounts from the budget

On tax issues and customs payments we regularly practice the following:

refunds of overpaid and collected tax payments from the budget;
refunds of overpaid customs payments;
refunds of overpaid non-tax budget payments, particularly payments arising from land relations;
litigating tax and customs agencies’ actions and decisions which resulted in unjustified collection or payment of mandatory payments to the budget;
legal support of companies during tax audit and challenging its results in court;
legal support of Clients in its relations with law-enforcement agencies.

 

Corporate Law

Advocates of the Bureau are constantly refining corporate practice. We provide legal support and assistance in following projects:

acquisitions and sales of operating companies, including foreign assets;
elaboration of terms of shareholders ' agreements and corporate agreements;
preparation of foundation documents which take into account balance of interests of participants and shareholders of business entities;
Implementation of corporate reorganisations, including mergers or divisions of business entities, changes in its’ organisational-legal form, withdrawal of participants from the company;
implementation of procedures to increase authorized capital in business entities and to issue additional shares;
implementation of procedures to enter real and movable property in companies’ assets;
support of transactions related to trust management in respect of shares and interests in business entities;
support of other complex projects in corporate law.

In corporate projects we always consider tax consequences and optimise corporate activities in terms of payments to the budget.

We have also repeatedly resolved issues related to the use of intellectual property rights for corporate procedures to be performed, particularly when forming authorized capital at the expense of intellectual rights.

Corporate law is one of the most dynamic branches of our legislation and in our projects we have often used both legal innovations and mechanisms that were only later reflected in Russian legislation.

 

Contract Law

Advocates of the Bureau have extensive experience providing legal support for business contracts conclusion.

We have a practice in drafting contracts and providing legal support for contract conclusion processes in particular on the following issues:

elaboration of corporate agreements for coordination of relations between shareholders in Russian business entities and foreign companies;
elaboration of contracts for corporate assets (shares, interest) acquisition and sale both in Russia and abroad;
elaboration of contracts for implementation of processes of real estate objects construction, acquisition and sale, including support of land transactions;
elaboration of contracts on granting rights of use in respect of industrial intellectual property and on acquisition, sale and pledge of inventions and production secrets;
elaboration of foreign trade contracts on import and export of industrial, household and medical goods, as well as contracts on international carriage of goods.

 

Intellectual property

We practice legal assistance in respect of industrial intellectual property, such as inventions, utility models, industrial designs, computer programs, production secrets and trademarks.

We consult Russian and foreign companies on a regular basis in respect of registration of rights for intellectual property objects and transactions with such objects.

In our practice we have repeatedly had to develop local regulations on intellectual property and to form a system of management and accounting of intellectual rights in the industrial sector.

We perform registration of rights to objects subject to state registration in collaboration with patent attorneys. And we perform production secrets formation on our own and according to our developed methodology, which is a popular service for industrial enterprises.

Advocates of the Bureau have frequently represented our Clients in disputes over intellectual property rights, both in pre-trial settlement procedures and in court.

In our professional baggage we have relatively standard cases of compensation recovery for intellectual property infringement and preventing actions that violate intellectual property rights. There are also more complicated projects such as on protecting rights for production secrets in relations with tax authorities and aggressive opponents; on litigations regarding challenging the authorship of service inventions including identification of the actual composition of the authors team which consisted of employees of various organizations.

 

Real Estate and Construction

In our practice we regularly have to support issues related to real estate and constructions. Often these issues are also related to taxation and corporate relations.

The Bureau’s advocates have repeatedly acted as advisors in elaboration of mechanics for raising funds for large objects construction, in distribution of obligations between construction participants represented by investors, customers, developers and construction organisations.

In the course of legal assistance on such projects, we develop contractual structures that protect the interests of all participants in the construction process.

In this area, we practice advocate investigations on behalf of clients whose rights were violated. In the course of such work, we restore a picture of actual monetary flows and construction costs.

In real estate and construction we provide the following services:

conducting due diligence and providing support in real estate transactions;
advising on real estate acquisition and sale;
settlement of non-standard land relationship including those related to targeted use of land parcels;
challenging the cadastral value of real estate objects;
changing tax regime for real estate;
representation in Russian courts on issues arising out of land, constructions and real estate legislation.

 

Labor Law

Any corporate structure relates to formation of labour relations starting with ordinary employees and up to management personnel.

We provide legal support and assistance in this area by following:

elaboration of local regulations, including on terms of financial incentives for employees;
preparation of employment agreements together with job descriptions regarding individual employees;
advising both management and employees regarding their mutual rights and obligations under the labour legislation;
participation in labour disputes resolution by finding first of all mutually acceptable compromise, and if this path did not work out - resolving disputes in Labor Inspectorate and in court.

 

Commercial dispute

We have due experience in commercial disputes and take on non-trivial ones with great interest. Surely one can take on the task with more than 80% chances of success where everything is predetermined, as a matter of fact. But it is much more interesting to take on a case with minimal chances of success where you should thoroughly inspect the details.

In many of such disputes we decide to represent in court regarding the issue for which there is either no judicial practice or it is minimal, or a very non-standard path has to be taken.

We conducted complex commercial disputes such as challenging authorship of inventions and patents for nuclear reactor mechanisms; challenging in court reports damaging business reputation; challenging the scope and fact of construction work itself from the customer’s part; recovering from the unscrupulous contractor money which he had already received; refunding tax, customs and other payments to the budget in circumstances with negative general judicial practice; disputing transactions abroad and ensuring the return of stolen property from abroad to Russia.

But if your case is more straightforward and you need, for example, to recover account receivables confirmed by documents - we will also help you to prepare documents correctly and defend your position in court.

 

Criminal cases and advocate investigations

Advocates of the Bureau advise in criminal procedures in the area of economy. We can provide representation of your interests if a criminal procedure is initiated on the grounds of tax evasion, fraud or corruption.

Even more often we represent the interests of a party injured by criminal actions in the area of economic and business relations. Representing the interests of the injured party advocates can proactively contribute to the investigation of a criminal case and, in some cases, conduct pre-investigative advocate investigation.

Numerous times during advocate investigations we have revealed mechanisms for withdrawing assets from enterprises, falsification of documentation and accounting. Legal means allows advocates to interview individuals, request information and documents from private companies and government agencies. The results of advocate’s investigations can be used as a basis for restoring property rights in civil or criminal proceedings.

There have also been projects in our practice in which in the interest of injured party criminal and civil proceedings were conducted in parallel or sequentially, which allowed to restore the violated rights to the maximum extent.

It should be mentioned that the rights can be protected both in the mode of making claims against violators, and in the mode of defence against illegal actions and claims of opponents.

 

Bankruptcy

For debtors:

With a qualified approach to bankruptcy procedures this process turns from an extremely negative and costly scenario for entrepreneurs to an optimal and necessary one which allows to remove the excessive debt burden and reorganize an entrepreneur's assets.

In this we offer:

advising and assessment of civil and criminal risks at a stage of preparation for bankruptcy procedure;
representation of a debtor’s interests before an arbitration manager, a court and creditors at all stages of bankruptcy procedure;
protection of the interests of the debtor's managers, including protection from subsidiary liability and criminal prosecution.
For creditors:

Sometimes certain counterparties try to avoid fulfilling their obligations by taking advantage of the imperfections of enforcement proceedings and by early withdrawal of the debtor-company’s major assets which could be subject to foreclosure.

Bankruptcy procedures implementation against such unscrupulous debtors will allow a creditor to recover its property losses, including through a mechanism for challenging transactions which involve withdrawal of assets from the debtor company, and bringing unscrupulous managers to subsidiary or criminal liability. As practice shows us, sometimes only an application for bankruptcy of a debtor itself is enough for it to start paying off its debts.

In this we offer:

creditor’s interests representation in bankruptcy procedure in court, with an arbitration manager, and in creditors’ meeting;
challenging insolvent debtor’s transactions related to assets withdrawal both in and out of bankruptcy proceedings;
bringing managers of a debtor to subsidiary and/or criminal liability;
representation of the creditor's interests in the sale of the debtor's assets.