LEGAL SUPPORT OF INVESTMENT PROJECTS

 As part of the legal support of investment projects you can order legal services at any stage of implementation of your investment project both at start-up and in the course of realization of the project.

Specialists of our company have got unique practical experience in legal support of investment projects in Nizhny Novgorod Region. For this purpose we have developed guidelines for a foreign investor; usage of the guidelines helps to minimize risk from engaging in investment activity.

 Possible variants of participation of a foreign investor:

I.                   The most reasonable variant of participation of a foreign legal entity in the region is conclusion of an investment agreement with the Ministry of Investment Policy of the Nizhny Novgorod Region. First of all this is necessary to investor for gaining further administrative support and certain entitlements (tax and rental exemption).

II.                Joint public–private partnership is possible. This is a partnership with the Government of Nizhny Novgorod Region on the basis of State Property Loan Agreement. In such case objects of the agreement may be trade facilities, public service facilities, food and beverage facilities, cultural facilities, educational facilities, sport facilities, public health service facilities etc.

III.             Co-investment with other private investors. Even today there are several offers of this kind concerning construction of a mixed-use complex, hotel, tourist complex etc.

Services rendered by our company with regard to investment operations:

- negotiating for the client and representation of the client in relevant ministries of the region for the purpose of entering into investment agreements;

- consulting and assistance on issues concerning investment activities (choosing municipality, territory, tax treatment etc.);

- development of pre-project legal documentation including project structure inclusive of tax planning and algorithm of action;

- identification and assessment of legal risks related to investment activities and provision of recommendations concerning elimination of the risks;

- current legal support of business activities with due account for investment activities;

Moreover taking into consideration rich practical experience in promotion of investment activities of major foreign companies in the territory of Nizhny Novgorod Region, Business and Law undertakes to render full range of services supporting your major goals:

-  resolution of migration issues (allocation of quota, visa support for foreign nationals);

-   working with customs authorities and transportation companies;

- recruitment;

- web support;

- services of interpreters and translators (languages – English, German, Italian etc.).

MIGRATION SERVICES

Year by year volume of labor migration to Russia grows steadily. For this reason the problem of legal hiring of expatriates is traditionally actual both for Russian companies and for foreign representatives in the Russian Federation using labor of expatriates in their business.

Taking in consideration that the government has established very strict measures of administrative influence on natural persons and legal entities for violations in the sphere of migration, it is necessary that the issues of execution of consent documents for foreigners shall be dealt with by professionals.

Business and Law Non-commercial Partnership Information and Consulting Center specializes in legal support to foreign legal entities (of Russia’s neighboring countries and beyond), that is why this service is one of our priorities.

We offer our clients a full range of legal services concerning execution of all necessary documents for hiring of expatiates in full conformity with the laws of the Russian Federation.

At the same time we have wide experience in the sphere of acquisition of quotas for hiring of expatriates as well as resolution of complicated issues related to adjustment of quotas, including acquisition of additional quotas for relevant year. We render services related to obtaining of work permit in Nizhny Novgorod Region as well as obtaining of work permit of highly qualified specialists and hiring of foreign nationals to positions indicated in the list of professions that shall not be covered by quotas (the list is valid in all subjects of Privolzhsky Federal District).

Moreover our specialists are always ready to professionally advise you about other matters of law (Corporate Law, Labor Law, Tax Law etc.), render assistance in organization of meetings with administrative bodies of Nizhny Novgorod and Nizhny Novgorod Region, business communities of the Region, and assistance in accommodation (rent of apartment, booking of hotel room), car hire.

 
LEGAL ENTITIES SERVICE

• Legal support of business activities (legal outsourcing)

 This service will be useful for you if you want:

- entirely keep your mind on your core business processes without diverting attention of your employees to non-core issues;

- ensure flexibility of business (there is no necessity to reduce or increase headcount, equip workplaces, pay extra taxes);

- increase level of reliability (we value our clients; our relations with clients are formalized by contracts and we bear responsibility for quality of our work);

- save money, because cost of employment of one specialist is approximately equal to the cost of services of our company (there are much more specialists in the company).

 Our clients consider this type of collaboration to be the most advantageous because it lets ensure the maximum level of reliability for business.

 Within the framework of the complex service program Business and Law renders the types of services as follows:

Services in the sphere of contract work:

•   development and analysis of contractual schemes;
• drawing up Protocol of Disagreements with the Draft of the Contract and agreeing it with contractors;
• maintaining correspondence concerning execution, implementation and termination (dissolution) of contracts;
• carrying out deep expert analysis of existing contracts;
•  development of mechanisms of responsibility and security of obligations;
• development and implementation of instructions (regulations) on the procedure for entering into civil law contracts.

Participation in negotiations:

• assessment of legal perspective of the project that is being prepared;
• identification of underlying potential problems of the project under consideration;
• protection of interests of the Client and finding compromise solutions with new business partners.

Analysis:

• provide relevant information on changes in current laws without undue delay;
• prepare legal opinion on all the challenges your business possibly face and legal opinion on transactions;
• prepare necessary requests to government bodies and institutions.

Extrajudicial dispute resolution:

• prepare complete set of documents formalizing change of the mode of performance of obligations (compensation, performance of alternative obligations, etc.);
• prepare claim letters;
• control legality of all relationships between conflicting parties.

Personnel work:

As a rule this service is rendered within the frame of complex legal servicing of an enterprise. Please note that we are not a recruitment agency and we do not practice search and recruitment of personnel, but we build up system of registration and accounting of personnel. The service includes:

• verbal consultations on the issues of labor law;
• drawing up of orders on personnel, schedule of positions and salaries, other documents;
• drawing up of Job Descriptions, Employment Policies and Procedures, Regulations on Confidentiality of Information, Regulations on Employees’ Liability for Damage;
• preparation of set of documents concerning occupational safety and health (including organization of teaching process for the people responsible for occupational safety and health at the enterprise);
• preparation of documents for workplace assessment and further certification;
• preparation of documents for passing inspection carried out by State Labour Inspectorate;
• drawing up of employment agreements both with Russian employees and expatriates, agreements on individual and shared liability for damages;
• preparation of documents for reduction of personnel;
• regulation of relations with discharged employees;
• defense in court on issues of wrongful discharge, reemployment.

LEGAL SUPPORT IN THE SPHERE OF CONSTRUCTION AND DESIGN

This industry has its specificity. The range of issues that are subject to resolution is rather wide but anyway presents high level of responsibility. Improper execution of documents, non-compliance with deadlines for submitting documents, absence of Acts of Acceptance, absence of approval by regulatory authorities – are the most common problems faced in the process of execution of documents related to construction works.

 Our company has rich experience in working both with government bodies (such as Nizhegorodstroyzakazchik Government Authority for Nizhny Novgorod Region, Administration of State Expert Examination of Project Documentation and Engineering Investigations Results Government Autonomous Authority for Nizhny Novgorod Region, Ministry of Construction of Nizhny Novgorod Region and others) and with business corporations and besides we have extensive arbitration practice concerning disputes in the sphere of construction.

The service includes:

• consulting on all issues that arise in the course of work;
• creation and maintenance of documentation within the framework of the project;
• conduct of negotiations with contractors;
• legal support at expert examination;
• participation in extrajudicial dispute resolution;
• defense in courts of all instances.

We also help to resolve a wide range of issues as follows:

• preparation of documentation for participation in competitions and tenders (including both government procurement and business procurement);
• obtaining SRO certificates, security of obligations:

- search for contractors,

- conduct negotiations,

- preparation of documentation;

- obtaining bank guarantee, surety/insurance contract)

• etc.

• Personnel administration

As a rule this service is rendered within the frame of complex legal servicing of an enterprise. Please note that we are not a recruitment agency and we do not practice search and recruitment of personnel, but we build up system of registration and accounting of personnel. The service includes: 

• verbal consultations on the issues of labor law;
• drawing up of orders on personnel, schedule of positions and salaries, other documents;
• drawing up of Job Descriptions, Employment Policies and Procedures, Regulations on Confidentiality of Information, Regulations on Employees’ Liability for Damage;
• preparation of set of documents concerning occupational safety and health (including organization of teaching process for the people responsible for occupational safety and health at the enterprise);
• preparation of documents for workplace assessment and further certification;
• preparation of documents for passing inspection carried out by State Labour Inspectorate;
• drawing up of employment agreements both with Russian employees and expatriates, agreements on individual and shared liability for damages;
• preparation of documents for reduction of personnel;
• regulation of relations with discharged employees;
• defense in court on issues of wrongful discharge, reemployment.

• Conduct of cases in Arbitrazh court

This service will be useful for you if:

 - you need not only high quality of resolution of issues but also delicacy in the work;

- you want to pay only for the result of high quality but not for endless process of “working” with a lawyer;

- you appreciate your time and want to resolve arising issues as quickly as possible.

Within many years of practice Business and Law has helped to its clients to win more than 500 cases acting both on behalf of plaintiff and on behalf of defendant in rich variety of categories of cases.

The court advocacy service includes: 

• consulting;
• preparation of claims, complaints, other service documents;
advocacy in court at hearing on the merits;
• advocacy in court at hearing of appeal;
•  advocacy in court at consideration of cassation appeal;
• advocacy in court at supervisory review of a judicial act;
• control of enforcement proceedings.

• Registration of legal entities of any form of ownership

Registration of a legal entity is the first step of any entrepreneur. Depending on the legal form it may be registration of a nonprofit organization, partnership, foundation, etc., closed joint-stock company (ZAO), open joint-stock company (OAO), but normally for purposes of doing business registration of open joint-stock company (OOO) is most attractive. Professionals of our company are ready to render full range of legal services concerning registration of a legal entity of any form of ownership in accordance with the type of your business activity.

• Reorganization, liquidation of legal entities

Reorganization and liquidation of different types of legal entities is a rather popular service in the market of legal services. We guarantee promptness and high quality of services. Suffice it to say that in the last three years we have not received any refusal of the tax inspectorate concerning this type of procedure.

Reorganization and liquidation of legal entities are rather complicated procedures and it is rather hard to carry out such a procedure without assistance of professionals. Reorganization of a legal entity is usually used for the purpose of optimization of business structure. Optimization of legal structure of business may be carried out for many different reasons – necessity to join property owned by different legal entities or vice versa separate and transfer a part of business processes. At the same time necessary engagements with contractors and clients are not terminated but are transferred to another legal entity. Such reorganization and liquidation of legal entities is of special interest for large corporate groups with big number of subsidiaries.

Liquidation of legal entities (including liquidation of a closed joint-stock company (ZAO), an open joint-stock company (OOO)) is a procedure of termination of the legal entities’ operation. Please note that liquidation may be successfully terminated only if the legal entity does not have any obligations to third parties. This is due to the fact that in the process of liquidation a company shall pass field tax audit that is why liquidation of an open joint-stock company (OOO) which has obligations to third parties takes more time.

There is another variant – liquidation of legal entities (closed joint-stock company (ZAO), open joint-stock company (OOO)) through reorganization. Today liquidation of ZAO and enterprises of other legal forms through reorganization is one of the most popular services in the market of legal services. Using some types of reorganization such as mergers and acquisitions, accession, legal entity ceases its existence and obtains certificate on liquidation (issued by tax inspectorate). All obligations of the company vest to its corporate successor. At the same time the founders of the liquidated company would not bear any responsibility. This type of liquidation of joint-stock company (OOO) with debts was most popular during the financial crisis.