Change in the legal status of a foreign HQS employee upon obtaining a residence permit in Russia
Preparation of a legal opinion on changing the legal status of a foreign employee – HQS (Greece) upon obtaining a residence permit in the Russian Federation and development of necessary documents for changing the status of a foreign employee.
Client
International Company. Activities:
- Construction of residential and non-residential buildings
- Construction of highways and highways
- Manufacture of electrical installation works
International company. Activities:
- Waste collection
- Waste treatment and utilization
Objectives
Migration issues:
- Analysis of documents and legislation on changing the legal status of a foreign employee - HQS (status of temporarily staying in the RF) when he/she receives a residence permit in the RF (status of permanently residing in the RF) in order to clarify the issue of necessary documentary settlement of this circumstance by the employer.
- Preparation of the forms of documents required to make the relevant changes
Work stages
- Analyzing the client's existing documents on a particular employee;
- Analysis of Russian legislation on the need to cancel HQS RNR and the need to take into account information on changes in the employer's quarterly reporting to the Ministry of Internal Affairs and submit it to the state body;
- Consulting on the issue in the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Region in the part not regulated by the legislation of the Russian Federation and for clarification of possible incorrect data in the absence of information in the databases of the Ministry of Internal Affairs;
- Recommendations and development of necessary forms of documents for the employer.
Result: submission to the client of a legal memorandum (opinion) on changing the legal status of a foreign employee – HQS upon obtaining a residence permit in the Russian Federation and the necessary forms of documents to settle the legal status of the employee.
Liquidation (termination of activity) of a branch of a foreign company in Russia
Client
UK based company. Activities:
- Recruitment services
- Manufacture and trade of polymer products
Objectives
Liquidation of a branch of a foreign company:
- Termination of accreditation of a foreign company's branch in the Russian Federation based on the foreign company's decision and removal from tax registration
- Dismissal of branch employees
- Liquidation reporting, support of tax audit (if initiated by the tax authority)
- Closing of bank accounts
- Transfer of relevant documents to the State Archive
Work stages
- Assisting in passing the check of presence of debts to the budget
- Coordination of contract settlements and termination notices
- Preparation of draft documents, such as the company's decision to terminate the branch/representative office, powers of attorney for representatives, sending to the client for signing (drafted in Russian and foreign languages)
- Dismissal of branch office employees
- Submission of documents to the authorized tax authority for accreditation of branches of foreign companies
- Submission of liquidation reports to the tax authority, preparation of responses to tax audit requirements and submission of additional requested documents.
- Closing of bank accounts, after all debts to suppliers and the budget have been repaid.
- Receipt of documents on termination of accreditation and deregistration from the authorized tax authority
- Receipt of documents on deregistration from the SFD
- Transfer of relevant documents to the State Archive
- Destruction of the branch seal
Company liquidation
Client
A world leader in the manufacture of tubing fittings for industry and energy. Activities:
- Repair of metal products
- Repair of machinery and equipment
- Repair of electrical equipment
Work stages
- analyzing the client's constituent and accounting documents
- development of documents for the liquidation procedure stages (minutes of the general meeting of participants, balance sheets, powers of attorney, publications, certificates, inquiries, etc.)
- carrying out the necessary registration actions, filing mandatory publications on liquidation, identifying the client's creditors, working with the organization's property
- Interaction with state authorities, banks, state archives during liquidation procedures
- interaction with creditors and counterparties of the client
- preparation and transfer of the liquidated client's documents to the state archive for storage
Accreditation of a branch of a foreign company, registration of import of equipment, contracts with Russian counterparties
Client
A large foreign company with its own production of automotive tooling in several countries around the world.
Objectives
Company registration services in Russia:
- Analyzing a scheme of cooperation with Russia's largest auto component manufacturing plant, a car manufacturing plant;
- Consultations on import of equipment and product certification, logistics and financing of a branch in the Russian Federation;
- Registration of a branch of a foreign company in the Russian Federation.
Work stages
- The preferred scheme of importing equipment into the Russian Federation for further use at local production facilities in the Russian Federation was analyzed;
- A model of cooperation with Russian manufacturers was built;
- A contractual scheme and draft agreements for doing business in the Russian Federation were prepared;
- Accredited a branch of a foreign company in the Russian Federation.
Opening a foreign company: preparation of documents, opening an LLC, obtaining licenses, joining SRO, migration issues
Client
European company - a leader in the provision of services for chemical cleaning of equipment at industrial facilities.
Objectives
Setting up a company in Russia:
- Advising on the optimal business model in the Russian Federation and company financing;
- Migration support for foreign specialists;
- Obtaining authorization documentation for the company's operations in the Russian Federation.
Work stages
- Document preparation;
- Opening of LLC with foreign investments;
- Obtaining necessary licenses;
- Entry into SRO;
- Visa and migration support for foreign specialists.
Advice on choosing a legal form of organization and registration of a branch of a foreign company
Client
European business aviation aircraft repair and maintenance company.
Objectives
Company registration services:
- Advise the client on creating the most optimal legal form of organization for the company's operations in the Russian Federation
- Register the company's branch in the Russian Federation
Work stages
- Comparative analysis of possible legal entities, taking into account the client's needs and plans for doing business in the Russian Federation, recommendations and action plan for the registration of the company's branch, including licensing issues
- Preparation of documents and opening a branch of a foreign company in Russia
Development and implementation of commercial secret regime and minimization of company risks
Client
Russian company. Business activities:
- Wholesale trade in hardware
- Repair of machinery and equipment
- Retail sale of metal and non-metallic constructions in specialized stores
Objectives
Services for development of internal regulations:
- In order to protect the company's interests, development of internal regulations on trade secrets and confidential information to minimize the risks of its dissemination to third parties, as well as the possibility of bringing guilty employees to responsibility
Work stages
- Analyzing the client's activities;
- Determining of the list of documents that may be confidential information and classified as trade secrets according to the current legislation;
- Development of internal regulations on trade secrets with a list of sensitive information;
- Negotiating with the client and employees on the proper storage of confidential information, minimizing the risks of its dissemination, including for the company's counterparties.
Legal support of employee dismissal: analysis and finalization of documents, consultations and negotiations
Client
Russian company. Activities:
- Construction of residential and non-residential buildings
- Activities related to the use of computer equipment and information technologies
- Consulting on commercial and management issues
Objectives
- Dismissal of an employee due to failure to pass the probationary period for reasons of improper performance of labor tasks
- Analysis of documents, minimization of risk for the client in case of protection of rights in court in case of dismissed employee's appeal to the court
- Preparation of relevant documents and recommendations, negotiations for successful implementation of the dismissal case and mitigation of adverse consequences for the company
Work stages
- Analyzing existing client documents for a specific employee
- Recommendations on finalizing the necessary forms
- Development of a complete set of documents to be delivered to the employee, taking into account the deadlines for dismissal under this procedure
- Negotiating with the client, explaining the terms and conditions of the dismissal, and the latter when appealing the dismissal procedure
Result: after preparation and delivery of all necessary documents to the employee, the employee decides to terminate the employment relationship on his/her own initiative, without resorting to dismissal on the employer’s initiative due to failure to pass the trial period.
Preparation of a full package of documents on personal data protection, registration with Roskomnadzor
Client
Large company. Business activities:
- Wholesale of non-specialized food, beverages and tobacco products
- Wholesale of industrial chemicals
Objectives
- Development of a full package of documents on personal data from scratch
- Registration of the company with Roskomnadzor taking into account the new requirements for cross-border transfer of personal data
- Visit to the client and verification of proper storage of documents on personal data of both employees and counterparties. applicants
- Checking the access system at the entrance to the back offices for compliance with 152-FZ
Work stages
- Verification of all existing forms of personal data documents;
- Visit to the client, verification of proper storage of personal data documents, including in case of non-automated processing of employees' personal data;
- Negotiations with the client and choice of strategy in interaction with counterparties - individuals, sole proprietors for compliance with the norms of 152-FZ in terms of obtaining consents for processing of personal data;
- Checking the pass system and internal regulations reflecting the system of issuing passes for the company's employees;
- Development of a full package of documents taking into account the new forms of consent according to the latest amendments to the 152-FZ;
- Registration of the company with Roskomnadzor as an operator for processing personal data, taking into account the specifics of cross-border transfer of personal data.
Protection against contesting the transfer of claim rights to a new creditor under a cession agreement
Client
A Russian company that is an importer of components and equipment for pipelines.
Objective
The client transferred its claim rights to several debtors to another person under a cession agreement. The debtors did not agree with the transfer of claims to the new creditor and filed independent claims with the arbitration court to invalidate the cession agreement. In support of their claims, the debtors stated the following:
- supply contracts concluded between them and the client stipulate the necessity to obtain the debtors' consent to assignment of claims to third parties;
- the identity of the original creditor (client) is of significant importance to the debtors;
- the cession agreement is concluded with the purpose to cause harm to the debtors - to make it impossible to satisfy their counterclaims to the client on payment of forfeit and reimbursement of losses under the supply contracts.
The client turned to Konsu to handle debtors' claims in arbitration.
Work stages
- Situation analysis
- Document preparation
- Developing a legal position
- Representation of client's interests in court
Result: The Arbitration Court concluded that there were no grounds to recognize the cession agreement as invalid and dismissed the debtors’ claims in full.