4 anti-raider fuses that should be included in the charter of the company, advises the Ministry of Justice

The imperfection of the constituent documents (charter) of the company, the lack of monitoring of changes in state registers and the orderly document circulation of the company, as well as untimely appeals to state authorities and courts are the main typical mistakes of victims of raiders.

The Ministry of Justice recalled certain measures that will help minimize the risks of raider seizure of the business. In particular, the following anti-raider precautions should be included in the company's charter:

1) provide for the obligatory notarization of an agreement on the alienation of property rights or a share in the authorized capital (for all legal entities, except LLC);

2) establish a condition that certain decisions of the general meeting (for example, change of the head of the company) must be signed by all present participants (founders), and not only by the chairman and secretary, or presiding over the meeting;

3) determine that it is not the authorized person who has the right to sign the charter in the new edition, but the participants (founders) of the company who voted for the approval of this document;

4) prescribe that the chairman of the general meeting is elected from among the participants (founders) of the company.

The Ministry also reminds that the raider seizure of an enterprise, as a rule, begins with the receipt of a court decision legalizing the new owner. Therefore, you should constantly monitor the appearance of the name of the company as a defendant in lawsuits. Thus, you will always be aware of possible attacks on business and will be able to eliminate them even at the inception stage.