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Lawyer for business. Help with company audits. Defense strategy

“Why do we need a lawyer for a business that is carried out honestly, openly and correctly from a legal and tax point of view?” - you ask. Indeed, if the business is dishonest, with violations of the law - this is understandable. Concealment of tax revenues, doing business without special permits (licenses), carrying out entrepreneurial activities without any state registration - the lawyer will, by definition, live in your office because sooner or later you definitely cannot avoid problems from all kinds of inspection bodies.

A lawyer or a lawyer in the above circumstances will be needed constantly or periodically depending on the speed and extent of illegal business.

But if you work according to the law, why a lawyer?

You will say something like this - I need a humble lawyer as a maximum, and then only for consultation, which will help me to establish my business in accordance with the requirements of the law, correctly register, get permits, licenses, and then sometimes I will ensure that business operations were within the legal framework.

Of course you will be right, but not fully.

And if you came to you police, state labor (Ukrainian public service for labor), tax or other state regulatory authorities?

Often such a visit is associated with a proposal to show or issue copies of documents, accounting documents or confirming the implementation of business transactions with one of the counterparties, for example, another company, the presence or absence of labor relations with employees, etc.

To a counter question about the reasons for such an interest, if they were law enforcement officers, they can answer in the standard way: there are no questions for you, they are for that other company whose officials violated the law.

Of course, you can satisfy their wishes. Then there are two options for the development of further events:

  • • Police officers or other authorities will thank you for your promptness, and you will never see them again;
  • • They will come back in time and report on their identification of violations of the law in the actions of your company on the basis of the papers you provided.

Based on this, whether it is good or bad, it is customary in the business sector not to show anything to law enforcement and regulatory authorities, with the exception of cases required by law.

But, at the same time, you should know that an experienced lawyer can always come up with reasons that will not allow them to be issued in such cases, check the lawfulness of what is happening or delay the process, which will allow taking countermeasures to counteract the “collision” of security forces and inspection organizations.

How can a lawyer help a business?

Firstly, he must first organize the work at the enterprise so that in case of the visit of inspectors everything is in order and every employee knows how to behave, what to do and what to say. And this is the very first and key task of a lawyer to prevent confusion at the enterprise or any other object, the outlet of your business.

For example: the director should be absent, accounting should be closed, and access to documents should be blocked. All employees should be instructed that they have the right not to answer the questions in accordance with the Constitution of Ukraine, but to redirect them to the first person of the company or to a specific person designated by the owner to communicate with unwanted guests.

Such a person, in the best case, is represented by the lawyer, who should be urgently called in and he must communicate with the inspectors in the absence of the head or instead of him.

The lawyer will remind police and other controllers that they can request and receive any information from business structures in cases of investigation of criminal misconduct and verification of information about violations of the Law contained in statements that fall within the competence of a particular inspection structure. There have been cases in practice when police officers, summoned by employees of the tax inspectorate, tried to demand confirmation of the labor relations of employees with the entrepreneur, which they were completely legally refused.

In order not to be unfounded, they must arrive at least with a written request.

Moreover, if you carefully read the law, such a request does not entail the obligation to provide documents and a competent lawyer will always be able to prepare a reasoned negative answer. The only guaranteed option to get them for law enforcement is temporary access to them by court order. This document is born in compliance with a certain procedure, within the framework of which, the initiator appeals to the court with a petition that must be properly justified. It is clear that without open criminal proceedings, police officers will not receive it from the court.

At the same time, the court ruling on access to your documents should also be examined by a lawyer regarding its legality, admissibility and feasibility.

Is a court ruling on a seizure made?
Does the judge work there and put his signature on the document?
Was he at work that day or officially absent?
Does the signature on the definition of the signature of this particular judge match?
Does the definition contain proper printing?
Did the court make mistakes and typos that affect the lawfulness of the seizure and do these errors entail the impossibility of enforcing the court ruling?
Only a lawyer who constantly rotates in the system of law enforcement and regulatory bodies will be able to answer these questions for business

Another specific example.

According to the requirements of the law, the court’s decision on temporary access must contain, among other things, an order for the owner to provide temporary access to the things and documents to the specific person indicated in the order and to enable him to seize these things, originals or copies documents.

In this case, the name, individual characteristics and the number of documents are also indicated in the court decision, and the duration of such a court decision is determined.

In practice, other persons not specified in the court order may come to you to execute the judgment.

Also, during temporary access, the executors may try to seize or copy documents that are not specified in the court decision or whose signs are not specified.

Thus, the above nuances in court decisions on seizure (temporary access) become a field of activity of a lawyer, and for a business chance not to suffer from illegal actions in the future.

Communication with the police and inspectors may not be limited to the above. These are just isolated cases from a large number of possible situations in which a business lawyer will provide substantial support and help prevent huge fines imposed by, for example, the labor service or appeal them in court if this has already happened.

Also, regulatory and law enforcement authorities may be interested in a certain person who worked in your company, and may wish to inspect your premises, production, etc. And how can all this end for an enterprise without the help of a lawyer? Possible problems in the near future!

We are convinced that our lawyer for your business will help you with all this. In the case of any checks and unexpected visits, his presence will resolve and prevent unpleasant situations.

Want to protect your business from the arbitrariness of law enforcement and other government agencies?
Work legally, but want to be more confident in the future?

Contact our law firm!
We will conduct a legal audit of the enterprise.
Develop a security strategy.
We will provide legal support for the business.

And our lawyers will accompany you at all stages of any checks and searches, as well as when resolving other conflict situations, and you will definitely achieve a positive result.
Let us prove not only by word, but by deed that a lawyer for business is necessary!

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