Artur Kiyan, associate partner of Lavrynovych & Partners Law Firm, announced the modern ways of anti-raider response. According to the speaker, the legislation does not distinguish the term “raiding,” but it can be defined as an unlawful takeover of the company or the establishment of another way to control the company’s assets against the will of the owner. The concept of raiding evolves in connection with the appearance of gaps in the legal field – the legislator cannot foresee and eliminate all the possibilities for abuse. Arthur Kiyan singled out such modern methods of raiding as falsification, theft of documents and seals, the use of lost passports of individuals, court decisions, corruption and the use of force.
Speaking about preventive ways to prevent raiding, Mr. Kiyan named separation of business from assets and their use through leasing, balancing the corporate structure, proper legal execution of all corporate documents, in particular, bringing statutory documents in accordance with new legislation, server protection , information security, monitoring the situation around the company, physical security. In order to counter capture or unlawful takeover, a situation should be assessed or information on the aggressor, the customer, their goals and possible resources should be collected, and preventive measures should be taken to protect against raider attacks, if they were not used before.
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