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Schemes for protection against unfriendly takeover
Development of the schemes for protection against unfriendly takeover
means the complex legal measures with the major objective of making
unfriendly takeover (attack of raiders) of a legal entity economically
inexpedient.
The analytical materials refer to the estimated expediency of
unfriendly takeover as 10 per cent business value; in some cases,
it is calculated on the basis of profit for several years. The shareholders
or owners of business, who hold the valuable property accounted
on the corporate balance (land, buildings or constructions, equipment,
etc.), always remain in the zone of risk. The unfriendly takeover
means generally the financial operation targeted to gaining the
maximum profit within the shortest terms. An attack of raiders may
be started at any moment and the only argument for prevention of
this attack may be economic inexpediency, where the price required
for provision of such unfriendly takeover exceeds some part of the
business capitalisation.
The objective of experts of FORPOST Legal Consulting Firm is to
make the maximum barriers in front of the team of raiders, which
overcoming would make unfriendly takeover inexpedient.
Schemes for protection against unfriendly takeover: complex
measures
For the purposes of prevention and protection against unfriendly
takeover, FORPOST Legal Consulting Firm offers the following services:
- legal analysis of the existing corporate structure and property
structure;
- development of protection strategies and tactics;
- development and realisation of the business restructuring schemes;
- development of the building schemes for structures of holding
type (creation of holding);
- development and realisation of the controlling mechanisms of
property management; and
- complex support of realisation of the measures approved by the
client.
Such development and realisation of methods for protection against
unfriendly takeover may be provided in the terms of a special project
or in the course of realisation of the project for creation of holding
structures.
Unfriendly takeover
The unfriendly takeover is a very profitable and, therefore, popular
business. At the present time, the cases of unfriendly takeover
are becoming significantly more frequent both in Moscow and in other
regions. The objects of unfriendly takeover may be real estate objects,
shares and stocks in the authorised capital of legal entities.
The causes of successful realisation of the unfriendly takeover
schemes may be served by imperfect and contradicting laws, omissions
by managers, mistakes in creation of legal entities, mechanisms
of corruption, and other factors.
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