Business lawyer

Business lawyer

Author

Prykhodko Andrii

How to choose a lawyer for business ?!

Almost every lawyer in Kiev, Kharkov, Odessa, Lvov, Dnipro or another city of Ukraine considers himself a lawyer for business or a business lawyer. Why so, because business is the best client for a lawyer. In business, some difficulties regularly occur (in an ordinary person, such difficulties may be once in a lifetime, or may not be at all) and it is beneficial for a lawyer to serve the business.

Therefore, the actual question is how to choose a good professional lawyer for business? And why exactly do you need a business lawyer and can you do without it?

What questions should a quality lawyer cover for business?

Tax issues

This is one of the most important tasks of your business lawyer. A lawyer who understands taxes is either a former tax officer or a lawyer with extensive experience in tax matters (again, not in words, but by the example of specific documents).

The most common questions in this area are:

• which taxation system to choose?
• which tax group is best suited for a specific type of activity? Or how to choose the form of tax?
• how much does a single contractor pay?
• how is VAT generated? And in general, what is value added tax?
• how to protect a company from a tax audit?
• what to do if you do not agree with the additional charges of the tax authorities?
• what to do if the tax authorities have opened a criminal case?
• how to challenge the actions of the tax authorities?
• what taxes are paid when customs clearance of goods and goods?
• what to do if the company is at risk?
• how to remove item 8 (risks) from the enterprise?
• what to do if tax invoices are clothed or blocked?
• what is the penalty for non-filing of reports or late registration of invoices?
• how does the smkor work?
• how to reconcile the taxpayer table?
• what to do if you worked with a dictator?
• what is the responsibility for cashing out money?
• what is the penalty for unregistered employees?
• what taxes should be paid for employees?
• what is checked during a tax audit?
• how to get the status of a VAT payer?
• how to reimburse VAT? What documents are required for VAT refunds?
• how to get tax advice?
• what are the chances of winning a case in court against the tax one?
• how not to pay taxes? Or how to pay less taxes?

Corporate matters

A business lawyer is also a corporate lawyer. What does it mean? Any business that grows requires a structure that includes the presence of several LLCs or sole proprietorships, or maybe other forms of business vision and the task of a corporate lawyer’s business is to ensure the correct legal relationship.

A business attorney must clearly understand the answers to such questions

• which is better for a private entrepreneur or an LLC?
• which quedy to choose?
• how to change a participant or director of an LLC?
• how to bring the charter into compliance?
• how to quickly register a company?
• how to buy a ready-made company?
• how to check the company, its history, director and founder?
• how to close the company? What is express liquidation or sale of a company?
• what is the responsibility if the company is thrown by a pound?
• how many companies can be registered for one person?
• how to close the fopa?
• how to make an agreement between two or more partners?
• how to make sure that the partner does not throw?
• how to win corporate sports?
• what to do if a company is raided?
• how to protect yourself from raiding?
• what to do if an employee or director steals money?

Solving problem situations with clients and suppliers

A lawyer for business is primarily a mediator – a lawyer who can conduct high-quality negotiations and negotiate. A peaceful solution to any problem is always better than war. Only courts, law enforcement agencies and external consultants benefit from war.

But in any case, a business lawyer must understand the answers to the questions:

• how to collect a debt?
• how are the penalty and penalty calculated?
• what to do if the supplier or the client threw, cheated, disappeared, did not deliver the goods or did not provide a service or did not provide it of high quality?
• which court to apply to?
• how to check the supplier?
• how to check the client?
• how to prevent fraud?

Litigation of disputes

In any business, sooner or later a situation will arise when it is necessary to go to court, it can be a dispute with the tax authorities, with suppliers, with customers, with regulatory or law enforcement agencies. Therefore, the main tasks of a lawyer for business are to clearly understand judicial work, know procedural legislation and have experience in conducting cases in court.

The most frequent questions that a business attorney should clearly know the answers to are:

• which court to apply to?
• how much to pay the court fee?
• what are the chances of winning the court?
• what is the court practice?
• what evidence is needed for the court?
• how to file an appeal or cassation?
• what is the quality support of the case in court for the result?
• how to execute the court decision?
• how quickly does the court decision take effect?
• what to do if the court decision is not carried out?
• how to get justice in court?

Protection from law enforcement agencies (criminal block)

As soon as your business achieves certain results – as practice shows, searches are inevitable. So far, this is the reality of our country. Therefore, a lawyer for business is a criminal lawyer who can not only effectively defend your rights, but must forestall problems and prepare you as much as possible for all possible scenarios for the work of law enforcement agencies.

A criminal business lawyer must understand the answers to the questions:

• what is the criminal responsibility for non-payment or tax evasion?
• what will happen if the director of a fictitious enterprise with which there was a relationship was interrogated?
• what will happen if the director is pound?
• what to do if the tax, DFS, Prosecutor’s Office, Police or SBU are summoned for questioning?
• do I need to give documents or write an answer to the request tax?
• how to understand that there will be a search?
• how to understand that the phone is being tapped?
• how to prevent searches in the office?
• how to check the office for bugs, cameras or other equipment?
• what to do if the SBU is suspected of financing terrorists?
• how to understand that an office or other object is being watched?
• can they seize equipment during a search , money, personal belongings?
• what to do if equipment, money, personal belongings have already been seized?
• what to do if the determination to conduct a search is illegal?
• is it possible to receive compensation for not mounted actions of the police and other authorities?

Protection against raiding

In the process of raiding, you can lose your business or property. Raiders can be either your business partners or third parties who want to steal your assets.

Therefore, a business lawyer should not only understand raiding schemes in order to forestall threats, but should clearly understand how to deal with it, which is why he should understand the answers to a number of questions:

• how to understand what they want to squeeze, raid, steal, re-register business or real estate?
• how to prevent raiding?
• where is it better to go in case of raiding? to the police, to the anti-raiding commission in the Ministry of Justice or to the court?
• how to rewind the actions of the registrar?
• how to prosecute the registrar?
• how to recognize a donation or purchase agreement – sale of corporate rights invalid?
• how to prove forgery of statutory documents? or how to prove a forgery of a signature on the statutory documents?
• what is a suspension and how to deal with it?
• how to make an SMS notification about changes in the register of legal entities or real estate?
• how to prohibit someone from making changes to the register?
• how to get or cancel a court ruling prohibition of making changes to the register?
• what is the responsibility for forgery of statutory or registration documents?
• what to do if money is withdrawn from the company’s accounts without the knowledge of the director or founder?
• what is double in the registry?
• what raiding schemes exist?

Labor issues

The biggest problem in any business is the human factor – employees. Someone quit, someone wants a vacation, someone is constantly late or demands more than they should, and there are many such problems. A business lawyer must know not just the norms of labor legislation, but also the principles of business turnover, hiring employees and their motivation, in order to prepare high-quality labor documentation.

Frequently asked questions in this area:

• how to properly fire for absenteeism or violation of labor regulations?
• what is the penalty for an unregistered employee or if employees are not registered?
• what is the responsibility for wages in envelope, “black salary”?
• can I be fired during the quarantine period?
• can I be forced to resign of my own free will?
• how to detect theft in an enterprise?
• are job descriptions necessary and what must be displayed in them?

Protection of trade secrets

The success of a business depends primarily on certain tricks of the head, methods of work, customer base, supplier base, etc. This is understood by competitors and it is understood by cunning employees who, after a month of work, knowing everything about your other business, are trying to open exactly the same.

How can you protect yourself from the outflow of trade secrets and theft of information?

Only an experienced business attorney will be able to answer your questions, the most common of which are:

• what is a nondisclosure agreement or NDA?
• what is the responsibility for a violation of a nondisclosure agreement or NDA? and how to attract an employee for violating the NDA?
• what is an anti competitive agreement and anti competitive policy of the company?
• what is the responsibility for theft of commercial information with limited access?
• how to punish an employee who leaking information to competitors?
• what to do if an employee copied all information from the enterprise?

Preparation of template contracts and analysis of atypical contracts

Why is it Important for any business? Yes, because you must have guarantees and protection from unscrupulous counterparties, buyers and suppliers. This can only be ensured through a competent contract. If you have a typical sale, then a once-developed standard contract that you sign without making any changes will suit you. This often happens when there are a lot of sales and they are small. If the sale is not typical and requires negotiations and approval of many nuances, then you need a contract lawyer or a contract lawyer. And it is the task of a lawyer for business to be such a lawyer for you.

Frequently asked questions:

• how much does it cost to develop a contract?
• what interest, fines, penalties can be charged in case of non-fulfillment of the contract?
• is it possible to sign contracts with a fakimil?
• who can sign contracts on behalf of the company?
• is the seal on the contract obligatory?
• how to break, terminate the contract?
• can the contract be corrected?
• what are force majeure circumstances?
• obligatory whether to sign the act to the agreement?

Intellectual Property Protection

When your business becomes successful, there are always people willing to copy it. This is inevitable! Therefore, this process must be said in advance and one must understand how to do it. And therefore, this is one of the priority tasks of a business lawyer.

Questions:

• how to patent an idea?
• what documents are needed to patent an idea?
• how to check the uniqueness of an idea?
• how to protect your site, logo, brand, text from copying?
• how to punish for copying a site, logo, brand, text?
• how to share a site, logo, brand, text or other information in the event of a business split ?

What is legal outsourcing? And what is the difference between legal outsourcing and a business lawyer?

For more details on legal outsourcing, see HERE

In what cases it is necessary to contact a lawyer for business, and in what cases can you handle it yourself?

You need to contact a lawyer for business in two cases:

First – you yourself do not understand what to do. Most often this happens if you are just starting a business, when your priority is sales, negotiations, marketing, etc. The legal component often fades into the background in such cases. And this is the situation when the owner of the business most often makes many mistakes that are then expensive. Moreover, a good lawyer for business becomes after many years and after long experience, the owner of the business should not replace all specialists/Everyone should do their own thing. Therefore, you should contact a business attorney not when a problem has arisen, in advance.

Second – you do not have time to delve into the legal fuss. Again, I repeat, everyone should mind their own business. Therefore, you do business and earn money, your lawyer closes all legal issues. Almost every successful businessman will confirm this.

How do we work? And what is the cost of the services of a lawyer for a business in Kiev?

Our main rule is a clear agreement and transparency of work! What does it mean? This means that we try to avoid ambiguities, if we agreed that we work 3 hours a day – then this is three hours, if we agreed that the lawyer is in touch 24/7 – then it is so, if we agreed that payment is only for the result – means for the result.Andrey Prikhodko

The cost of a lawyer for business in Kiev depends primarily on his professionalism. Professionalism is determined by many criteria, which I will write about below.

TARIF PLANS OF LEGAL SUPPORT

* When hiring a lawyer to work on non-working days and days off, as well as in the after hours (from 18-00 to 9-00 hours), the time billing is doubled.

* If the volume of services is exhausted before the end of the month, the client may pay the cost of the new tariff or use the hourly tariff of 1,200 UAH/hour.

HOURLY RATE PLANS

* The calculation of the hourly rate begins 1 hour before the start of the court session and ends 1 hour after its official completion, if the court is located within the city of Kiev.

* The calculation of the hourly rate begins 2 hours before the start of the court session and ends 2 hours after its official end, if the court is located within the Kiev region.

* The cost of travel allowance, if the vessel is in the regions of Ukraine, is calculated separately from the hourly rate and amounts to UAH 5,000/day.

Why Prikhodko & Partners Law Firm are the best lawyers for business in Kiev and Ukraine? And how are we qualitatively different from other business lawyers?

We are not given a lot of time to understand what is wrong in your business and what is the most correct way to solve your problem, a simple consultation in our office is enough to prove to you that we are professional lawyers for business.

1. Profile

In fact, the areas in which your business lawyer should understand and about which I wrote Higher is very difficult to fit into one person/And this is a fact! One person cannot know taxes and accounting, criminal and economic law, and also understand intellectual property. He either knows everything for a little or is special in something specific.

There are no jack of all trades in Prikhodko & Partners Law Firm, here every lawyer is special in his own direction. For a list of all areas, see the link (attach a link to services) and see immediately who is responsible for what and not just who, but his track record, achievements and achievements. And the most important thing is not in words but in specific documents.

2. Expertise

In our understanding, taxes are best understood by a tax officer, a judge or an assistant judge in court cases, a criminal investigator or a prosecutor, or a specialized lawyer who does not deal with everything in a row, but in a narrow direction. Therefore, Prikhodko & Partners Law Firm employs only people who are former employees of certain services or structures or very experienced lawyers.

3.Recognition

Prikhodko & Partners Law Firm is a reliable partner with a good reputation. This is what our clients say, this is confirmed by reviews (insert a link to google reviews) and the media activity of the managing partner Andrey Prikhodko – a practicing lawyer, doctor of legal sciences and media legal expert, as well as a specialized team of specialists (link to the team)

4. Stability

Our team has been in the best Business Center of the capital for more than 4 years, we do not move, do not disappear, we are in touch 24 hours a day, 7 days a week. Both the largest business players and ordinary people with the most everyday issues trust us to solve their problems.

5. Price

Our basic rule is that the price must match the quality! Therefore, the pricing is flexible. We will find an adequate solution to any problem at the best price.

Useful links:

• ECONOMIC CRIMES, SEARCHES, DETENTIONS…WHAT DO YOU NEED TO KNOW? ADVICE FROM LAWYER ANDRIY PRYKHODKO

• JSB “PRIKHODKO & PARTNERS” RECOVERED HALF MILLION GRIVEN FROM THE PROSECUTOR’S OFFICE

• THE NUANCES OF THE CRIMINAL PROCESS: DETENTION, PRECAUTIONARY MEASURE, BAIL… BECAUSE OF THE LAWYER

• PROTECTION OF THE BUSINESS AND BUSINESS REPUTATION OF THE COMPANY