Practices

Enforcement of decisions delivered by international commercial arbitration court has its own specific features in each country, and such features are determined by local legislation and international treaties of the country, where enforcement procedure is carried out. The key to a successful resolution of a dispute and rapid implementation of the decision is availability of the information about your partner and a reasonable contract in writing, which, on the one hand, establishes a reasonable and understandable model of relations and protects your interests, and on the other hand, fully meets the requirements of the country, in which the collection of funds may take place.

List of services:

1. Verification of a counterparty from both official and non-official sources, formation of the structure for analysis. The analysis includes research into the assets, the possibility of foreclosure on assets, and the possibility of judicial recovery at the stage of an arbitration process;
2. Preparation of a contract, along with definition of optimal structure of the arbitration clauses, definition of optimal method for documenting performance of the contract for quick review, obtaining the appropriate decision and its actual implementation; 
3. Preparation and legal defense procedures (with the partners’ assistance);
4. Preparation and implementation of security measures (with the partners’ assistance);
5. Organization and support of actual implementation of the court decision.

In contemporary Ukraine, a successful business has always attracted the enhanced attention from representatives of law enforcement agencies. Such “interest” often leads to negative consequences: from seizure of assets to actual shutdown of the company’s activities. Timely implementation of a defense strategy can help mitigating the potential risks, choosing effective defense methods, and closing criminal proceedings yet at the stage of pre-trial investigation. 

List of services:

• comprehensive protection of companies and private individuals at all stages of criminal proceedings;
• simultaneous legal investigations (addressing requests, appointing and conducting examinations, conducting surveys, implementing security measures, etc.);
• development of a personal protection strategy;
• protection of private individuals at the stage of their detention, application of preventive measures, as well as participation in other investigative and procedural actions;
• business security coaching (practical advice and preparation of the company’s owners, executives and employees for such stressful situations during searches, interrogations and other “visits” by the law enforcement officers);
• legal due diligence of the company’s security (identification of possible risks and their mitigation);

1. Due diligence practice: this is a comprehensive review of the company’s activities, verification of documentation, reporting and compliance with legal requirements. In fact, this is a guarantee of confidence that the business is really worth its money.

Components of due diligence:

• Financial analysis: checking the company’s assets, their quality and reporting on them.
• Tax analysis: assessment of transparency of the business taxation system.
• Analysis of legal aspects: verification of the legitimacy of registration procedures, ownership rights to trademarks, compliance of the document flow with the requirements of the law.
• Analysis of the situation in the market: efficient assessment of the company’s share, audit of the effectiveness of marketing activities, determination of growth opportunities.

2. Contractual obligations 

Contract is the foundation for commercial operations. Any commercial operation implies compiling documents for conducting such commercial operation. A properly prepared contract with a counterparty will not only protect against risks, but will also create a solid legal foundation for protecting the rights and interests of your company. 

List of services:

• Advising on the client’s contractual activities
• Analysis of the risks fraught with the counterparty
• Legal analysis of existing contracts for legal risks exposed for the client
• Development of draft contracts, supplementary agreements, acts, protocols of disagreements and other documents that are necessary for introduction of amendments into, or termination of, the contract
• Legal support of foreign economic activity 

3. Corporate law 

Corporate law is the foundation for any company’s operations.

List of services:

• establishment and liquidation of legal entities in Ukraine;
• corporate restructuring;
• development of an efficient system of corporate management;
• support of the securities issuance procedure;
• support of the procedure for obtaining licenses and other permits.

4. Litigations 

List of services:

• representation of interests at the pre-trial stage of dispute resolution; 
• development of a detailed algorithm for protection of rights and interests of both individuals and legal entities;
• representation in courts of all levels and jurisdictions;
• preparation and support of complaints to be filed with the European Court of Human Rights;
• recognition and execution of decisions delivered by foreign courts;
• representation of interests at the International Court of Arbitration at the Chamber of Commerce and Industry of Ukraine;
• support in the execution of court decisions.

5. Bankruptcy 

The long-term experience of COLARES JSC shows that bankruptcy is a rare case when a problem can be transformed into a solution.

With proper legal support, insolvency and bankruptcy are the only format for business recovery. 

List of services:

• development of a practical algorithm for using the bankruptcy institute in order to optimize and restructure debt obligations and their collaterals;
• representation of the interests of the debtor, creditor during the bankruptcy procedure;
• advising on the liquidation procedure and consequences of declaring the debtor bankrupt.

The main goal of everyday business activities is to make a profit. The more successful the company, the higher its revenues are, but the amount of taxes to be paid grows simultaneously with the revenues. In attempts to optimize one’s own business processes, or often even after such optimization, there is a need for consultation on certain issues that are controversial in the opinion of regulatory bodies.

As a rule, the timeliness of such consultations protects against unnecessary risks and allows maintaining a balance between the business intentions and the regulatory authorities’ requirements.

List of services:

• tax consulting, prevention of tax risks and mistakes;
• complex legal support of tax diligence,
• administrative and judicial appeals against decisions of tax authorities;
• legal due diligence of the tax consequences of financial and commercial transactions.

Intellectual capital has become an integral part of the contemporary society and business. COLARES JSC has gained experience in building a strategy for protection of the intellectual capital even before the start of its use or violation of rights thereto. 

List of services: 

• Registration of rights to intellectual property objects (according to national and international procedures);
• Development of draft license agreements, agreements for the transfer of exclusive intellectual property rights;
• Extending the terms of the documents of title, which are related to the objects of intellectual property rights;
• Recognition of a trademark as well-known;
• Representation of interests in legal disputes regarding the protection of intellectual property rights.