The lawyer checks the potential counterparty for risk, which includes litigation, criminal proceedings, debt to other counterparties or the State, presence on the list of enterprises, which meet the criteria of risk of the taxpayer, the presence of the real office of the enterprise, verification of the founders and directors for the mass, in the presence of the license is checked its relevance. Verification is carried out by analysing publicly available databases and submitting requests to relevant government authorities.
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Publication date: 22.07.2022
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Verification of counterparties in Ukraine
Doing business in society involves many risks. The reality is that before starting cooperation with any company, you need to check the credibility and transparency of its activities. For this, many businessmen pay for counterparty verification services.
When you need to check counterparties in Ukraine
This work is performed by specialized specialists at the request of entrepreneurs if the following issues need to be resolved:
● Make sure that a potential business partner who is an individual has an official registration as an entrepreneur. Even if a company has provided an extract from the register, this does not mean that it is acting on the basis of the law.
● Check that the legal entity-future partner has authorized capital and what is its size, because the potential solvency depends on this indicator.
● Check whether the company is at the stage of liquidation, as cooperation with such an organization will be pointless and unprofitable.
● Verification of counterparties for a lawyer should also be related to the implementation of measures that make it possible to make sure that the person who plans to sign a cooperation agreement has the authority to do so.
The future counterparty must be checked for the presence of court debt and, in general, criminal and other prosecutions. It is advisable to review the history of changes and evaluate the duration of the business of the counterparty.
Counterparty due diligence: cost and reasons
In the absence of a full study of the counterparty, the entrepreneur risks the quality, reputation, and stability of his company's work. The consequences of the actions of a dubious "partner" are different, for example:
● The counterparty may disappear with the goods or fail to fulfill other obligations specified in the cooperation agreement.
● The company's license is not valid at the time of signing the contract
If the circumstances are such that the investigation cannot be performed by the company's lawyer, the verification of the counterparty is entrusted to a third-party specialist. His activity will be based on checking the potential counterparty for all kinds of risks as soon as possible. The event is implemented taking into account the analysis of data published in publicly available databases. If the case is handled by an experienced lawyer, the verification of counterparties also includes drafting and sending requests to government authorities. The lawyer's work will be performed better and more fully if the client provides a number of statutory documents for the future counterparty, for example:
● an extract from the EDR;
● regulations;
● company description;
● statements from a bank about opening an account;
● orders appointing managers, etc.
Therefore, it is taken into account when the counterparty inspection is planned, the cost of the lawyer's work depends on how large-scale the measures to study the potential partner's activities will be.
If your company needs to check counterparties, contact our service. Download a special application and get access to experienced lawyers who promptly organize the fulfillment of all requests.
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