The law office provides legal assistance concerning the operational provision of commercial companies: providing full legal support including with regard to corporate governance, compliance, legal risk management, establishing and supporting the other elements of the internal control system.
Competence of the office
Our activities for a long time were related to the corporate management of insurance company, which is part of the international insurance group. Thus, we are familiar with legal acts that regulate the activities of companies as well as with the requirements of supervisory institutions, which generally should be presented to the management of such companies.
- Providing a full legal support to the company (analysis of transactions, drafting of documents, internal regulations, standards, rules and terms of contracts, representing clients in negotiations with partners, in courts, arbitrations, as well as other state and municipal institutions).
- Legal support of management bodies of a commercial company – the board and council.
- Evaluation of internal control system of commercial company and the development of proposals for its improvement.
- Drafting of regulatory documents related to the internal control system.
- The development and legal support of system for ensuring regulatory compliance.
- The development and legal support of system for risk assessment.
- Representing clients in relations with the Financial and Capital Market Commission.
- Legal assistance related to compliance with the requirements of competition law.
- Legal assistance in matters of labour law.
- Other legal services taking into account the needs of Your company.
Organization of business of the company in other countries through foundation of concern allows members of the dominant company to diversify risks that inevitably arise as a consequence of differences in legal systems, the economic situation, as well as by influence of many other factors, in result of which the companies, conducting a similar business, can both thrive and be unsuccessfully.
Despite the fact that the legal companies, members of the concern, are independent legal entities, whose management should be made in accordance with the provisions of the Commercial Law, practically management of such companies is realized in the interests of the dominant company and under its direct influence. Such dependence is often expressed in appointing the same persons in the management bodies of company, in a unified planning, implementing the same policies, processes and technologies, transfer of profits, etc.
The implementation of the same project in various companies when it isn't adequately adapted to specific conditions can cause losses to some of dependent company. In this case, liability for intended losses is determined not only by the Commercial Law, but also by the Law on Group of Companies, whose main purpose is to protect the interests of minority members and creditors of the dependent company.
The Law on Group of Companies establishes solidary liability to both the dominant company and its representatives and management body members of the dependent company. Liability depends on various factors, including the existence of a treaty on the concern, the truthfulness and completeness of the information on the conditions of the transactions disclosed in the report on the dependence, etc.
Thus, by the implementation of the project the passive attitude of management body members of the local company, i.e. execution of direct instructions of the dominant company, does not absolve them of liability for causing losses.