The issue: The founders of a limited liability company, which owns commercial real estate, discovered that a some unknown person was listed as the manager and sole member of the company in the state register. Immediate comprehensive action was needed to protect against raiding, as a chain of illegal ‘owners’ began to build, followed by attempts to physically seize the property by “new bona fide acquirers”.
Solution: attorney Dmytro Tytarenko, acting with a team of colleagues, developed and immediately began implementing a plan of defensive actions. While the clients were providing physical protection of the object from seizure, the lawyers received certified copies of documents from the registration case, which served to replace the legal founders of the LLC with a dummy director. It became clear that documents were forged.
Thanks to the professional legal assistance of a lawyer in the city of Kyiv, it was quickly possible to:

• to cancel due to the application to the State Registration Complaints Commission, the initial registration actions of the perpetrators due to technical errors made by the registrar, which allowed the client to promptly update legal entries in the register to ensure stable business operation;
• get a written confirmation from a private notary that he did not certify the relevant documents that were submitted by the perpetrators to the registration case, which allowed the lawyers to quickly achieve the opening of criminal proceedings and obtain the permission of the investigating judge for temporary access to documents from the registration case for removal from it forgery;
• to submit and subsequently win lawsuits to the commercial court of the city of Kyiv and to the local court for recognition of illegal transactions related to the illegal alienation of shares in the authorized capital of the LLC.
  • CLIENT Private investors
  • INDUSTRY Commercial real estate