Issue price – Newspaper Kommersant No. 168 (7369) of 09/13/2022
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Of course, business owners and managers, including hidden beneficiaries, in whose disclosure our judicial system has succeeded, are interested in protecting their loved ones as much as possible from the consequences that arose in the Amur Product case. And it allows us to formulate practical recommendations for this.
Let’s leave aside the obvious – the inadmissibility of withdrawing assets, “drawing” statements, covering operations with fictitious transactions. But judicial practice shows that conscientious, in the opinion of a businessman, operations can also become a reason for liability. Entrepreneurial risk, the impossibility for the beneficiary to personally track all transactions – often this can also cause claims. And taking into account the new practice, now the heirs can also answer for this.
The main difficulty for them is obtaining evidence in order to confront creditors.
And if the businessman himself can remember where the documents are, raise the history of correspondence, know who to contact for additional information, then where does this information come from for the spouse and even more so for young children?
You need to think about this in advance. First of all, document. The presence of working document management systems, CRM, ERP, fixing agreements in the mail will help restore the history of transactions, even if there is no one to give personal explanations. Pay special attention to checking counterparties and negotiating contracts. These procedures should be clearly regulated, and their results should be recorded and stored.
Close and trusted persons should be able to access your business correspondence, documents, company information systems. Install a password manager. Make a “digital will” – an envelope with instructions on how to access electronic services in the event of an accident. If there is a risk of a corporate conflict, create a regularly updated copy of documents, work mail and databases, which is available only to you and cannot be deleted or blocked by the company’s IT department.
Finally, make sure that a qualified and immersed in your business person, such as a family lawyer, takes over the protection of the heirs. The Civil Code allows you to appoint him as an executor of a will (executor). Explain to the lawyer how business processes are arranged, where information is stored. The will can also contain instructions on how the executor must vote in the governing bodies of the company before accepting the inheritance.
The heirs themselves should refrain from hasty decisions and carefully assess the risks. Sometimes it may be more beneficial to abandon the inheritance altogether.
For six months, which the law allocates for the acceptance of the inheritance, it is necessary to figure out as much as possible what “skeletons in the closet” are attached to it.
If you nevertheless become a participant in the dispute, the main advice is to be procedurally active. Present evidence, claim the missing, object. Taking a passive stance in the hope that “they won’t prove anything” is often the reason why such disputes are lost. It should also be borne in mind that in disputes over subsidiary liability, the funds of heirs may be seized – this complicates the attraction of legal assistance. Unfortunately, Russian law does not provide for the allocation to heirs of amounts protected from arrest for lawyers. Therefore, in such a situation, it makes sense to agree on the work of lawyers only for a success fee based on the results of the case.
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