11
Asset Tracing and Corporate Screening

Asset Tracing & Corporate Screening

Embed Size (px)

Citation preview

Page 1: Asset Tracing & Corporate Screening

Asset Tracing

and

Corporate Screening

Page 2: Asset Tracing & Corporate Screening

Asset Tracing

Example of functional structure of

the Group of companies

WWW.INTEGRITES.COM 2

Corporate Screening:

Recreation of functional structure

Asset

Tracing

Jurisdiction

of Ukraine

Foreign

jurisdiction Evaluation of financial

data and cash position

Identification of UBO assets

Estimate Recovery

Rate

Discover hidden

misallocated assets

Debt Recovery

Develop Debt Recovery Strategy

Asset Tracing – is an effective tool that

allows to evaluate operational efficiency of the

corporate structure, to identify key operational

units of Group and develop correct debt recovery

strategy.

Page 3: Asset Tracing & Corporate Screening

3

Analysis of Group’s functional structure

of asset holder

companies

Corporate Screening

Legal analysis Reputation analysis

of operational companies

of technical

companies

Financial analysis

Identification and valuation of Group’s

risks

Individuals

Legal

entities

Transactions analysis

Identification of the UBO

Corporate Screening

WWW.INTEGRITES.COM

Identification:

Corporate Screening – is a key element of

Asset Tracing allowing to recreate the functional

structure of a group of companies and identify its

beneficiary owner.

Corporate Screening can be used as preemptive

measures to identify and evaluate a risk of the counterparty.

Page 4: Asset Tracing & Corporate Screening

4 WWW.INTEGRITES.COM

Rate of Recovery

Recovery Rate – estimation of probability and

efficiency of the investment in debt recovery

procedures.

Rate of recovery consists of number of

variables which should be integrated

into the complex model

Debt of the Target

Group Total leverage of the

Target Group

Multiplier Factors

Cash position of the

Target Group

Misallocated assets

UBO’s assets

First-in-time

Legal ground

Jurisdiction of

enforcement Additional source of

UBO’s Cash Flows

Value of the assets

Operational efficiency

of the Group’s part

Other factors

Estimated Rate of

Recovery

Estimated Rate of Recovery and

developed strategy of debt recovery

gives opportunity to assess investment

viability of the Project

Determination of key elements of the

Company’s structure and jurisdictions allows

to develop effective strategy that assure debt

recovery and minimize cost

Page 5: Asset Tracing & Corporate Screening

5 WWW.INTEGRITES.COM

Debt Recovery Strategy

Debt Recovery

Strategy

Debt Recovery – depends on the

case and discovered data the strategy

can consist of action in Ukraine and

foreign jurisdictions as well.

Cross-border recovery – effective

way of debt redemption (if applicable)

free of Ukraine’s nature but more

expensive and time consumed.

Enforcement in Ukraine – despite

challenging and imperfect regulatory

environment, the combination of

different methods allows realizing

clients’ needs.

World-wide freezing orders

Mareva injunctions

Prohibiting and restraining orders

Orders appointing interim

receivers over company’s assets

Interim measures

Develop the most all-encompassing strategy and

appropriate procedure to meet clients’ objectives.

Recognition and

enforcement of arbitral

awards and foreign

court judgments in

different jurisdictions.

Standard legal defense methods, characterized by the

vast majority of court trials, reinforced by non-standard

action plans to effectively protect interest of creditors

regarding the actual return of loan debts and collateral

(mortgage) property.

The effective way of debt recovery is in simultaneous

implementation of the actions in Ukraine and foreign jurisdictions.

Developing is of comprehensive strategy on debt

recovery and foreclosure on the mortgaged obligations

is required.

Page 6: Asset Tracing & Corporate Screening

INTEGRITES IS RECOGNISED BY ONE OF THE LEADING LEGAL RANKINGS CHAMBERS

EUROPE 2015 IN BANKING & FINANCE AND DISPUTE RESOLUTION PRACTICES

INTEGRITES WAS RECOMMENDED IN SIX KEY PRACTICES (BANKING & FINANCE, DISPUTE

RESOLUTION, TAX, INTELLECTUAL PROPERTY, M&A, REAL ESTATE & CONSTRUCTION)

BY THE LEADING INTERNATIONAL LEGAL DIRECTORY THE LEGAL 500 (2015)

INTEGRITES IS A FINALIST OF PRESTIGE BRITISH AWARD – THE LAWYER EUROPEAN

AWARDS 2015

INTEGRITES IS THE BRITISH LEGAL AWARDS 2015 FINALIST. INTEGRITES IS

RECOGNIZED BY ONE OF THE MOST PRESTIGIOUS RANKINGS OF EUROPE IN TWO

CATEGORIES: EUROPEAN LAW FIRM OF THE YEAR AND EUROPEAN LEGAL TEAM OF THE

YEAR

INTEGRITES IS RANKED BY IFLR 1000 (2016, 2015) IN BANKING & FINANCE, AS WELL AS

CORPORATE LAW AND M&A

INTEGRITES IS RECOMMENDED BY THE COMPETENT INTERNATIONAL RATING

WTR 1000 (2015)

INTEGRITES IS RECOMMENDED BY THE WORLD TAX 2015, INTERNATIONAL TAX REVIEW'S

DIRECTORY TO THE LEADING TAX ADVISORY FIRMS AROUND THE WORLD

INTEGRITES IS THE BEST INTERNATIONAL LAW FIRM OF THE YEAR IN BANKING &

FINANCE PRACTICE BY CORPORATE INTL LEGAL AWARDS 2015

WWW.INTEGRITES.COM

Recent Recognitions

6

Page 7: Asset Tracing & Corporate Screening

SENIOR PARTNER OF INTEGRITES VYACHESLAV KORCHEV NAMED ONE OF THE

WORLD’S LEADING COMMERCIAL LITIGATORS BY WHO’S WHO LEGAL: LITIGATION

OLENA PEREPELYNSKA, PARTNER OF INTEGRITES, NAMED ONE OF THE WORLD’S

LEADING PRACTITIONERS IN ARBITRATION AND INTERNATIONAL TRADE & CUSTOMS

BY WHO’S WHO LEGAL

INTERNATIONAL GUIDE CHAMBERS GLOBAL 2014 ACKNOWLEDGED EXPERTISE OF

INTEGRITES IN BANKING AND FINANCE PRACTICE

INTEGRITES IS NAMED THE BEST LAW FIRM OF THE YEAR IN M&A TAX PRACTICE

BY ACQUISITION INTERNATIONAL 2014

INTEGRITES ACKNOWLEDGED BY DEALMAKERS GLOBAL AWARDS 2014 AND NAMED

LAW FIRM OF YHE YEAR IN THE INTERNATIONAL ARBITRATION PRACTICE, TRADE &

PROJECT FINANCE AND ENERGY & NATURAL RESOURCES

INTERNATIONAL LAW FIRM INTEGRITES IS NAMED LEADING LITIGATION LAW FIRM OF

THE YEAR – RUSSIA ACCORDING TO THE 2014 LAWYERS WORLD LAW AWARDS

INTEGRITES IS LISTED AMONG TOP 50 LAW FIRMS IN RUSSIA ACCORDING TO

PRAVO.RU-300

INTEGRITES IS NAMED DYNAMIC LAW FIRM OF THE YEAR ACCORDING TO

THE LAWYERS WORLD – LAW AWARDS 2013

PRESTIGIOUS ACQUISITION INTERNATIONL MAGAZINE RECOGNIZES INTEGRITES AS

TRUSTED ADVISER OF 2013 FOR STARTUP COMPANIES IN SPHERE OF CAPITAL

MARKETS

WWW.INTEGRITES.COM

Recent Recognitions

7

Page 8: Asset Tracing & Corporate Screening

Ruslan Bernatsky Olena Perepelynska Oleksandr Aleksyeyenko Vsevolod Volkov Nataliya Tomashevskaya

Aliona Siverskaya

Managing Partner Partner Partner Partner Partner Partner

ruslan.bernatsky@ olena.perepelynska@ oleksandr.aleksyeyenko@ vsevolod.volkov@ nataliya.tomashevskaya@ alyona.siverskaya@

integrites.com integrites.com integrites.com integrites.com integrites.com integrites.com

Vyacheslav Korchev,

Senior Partner

Mikhail Marinin,

Managing Partner, Russia

Kurmangazy

Talzhanov

Managing Partner,

Kazakhstani offices

Svetlana Shtopol

Partner

Kazakhstan office

Duman Akhmetov

Partner

Kazakhstan office

Aiman Zhekeyeva

Head of Astana branch

Kazakhstan office

vyacheslav.korchev@

integrites.com

mikhail.marinin@

integrites.com

kurmangazy.talzhanov@

integrites.com

svetlana.shtopol@

integrites.com

d.akhmetov@

integrites.com

aiman.zhekeyeva@

integrites.com

WWW.INTEGRITES.COM

Our Team. Partners

8

Page 9: Asset Tracing & Corporate Screening

Oleksiy Feliv Julian Ries Oleh Zahnitko David Williams Dirk Sijbersma Roman Kryvosheyev

Partner,

Head of EU Desk

Partner, Head of the

office in Munich

Partner Solicitor

UK Office

Head of the office

in the Netherlands

Managing Partner, China

oleksiy.feliv@ julian.ries@ oleh.zahnitko@ david.williams@ dirk.sijbersma@ roman.kryvosheyev@

integrites.com integrites.com integrites.com integrites.com integrites.com integrites.com

Denys Kytsenko

Partner

Denys Statnikov

Partner

Nika Avayan

Managing Director

Andrey Usenko

Counsel

Olga Vinglovska

Counsel

Dmitriy Nyshpal,

Head of Foreign Desk

denys.kytsenko@

integrites.com

denys.statnikov@

integrites.com

nika.avayan@

integrites.com

andrey.usenko@

integrites.com

olga.vinglovska@

integrites.com

dmitriy.nyshpal@

integrites.com

WWW.INTEGRITES.COM

Our Team. Partners

9

Page 10: Asset Tracing & Corporate Screening

Banking and Finance

Trade Finance

Corporate and M&A

Dispute Resolution

International Arbitration

Antitrust and Competition

INDUSTRIES

Taxation

Intellectual property

Natural Resources

Real Estate, Land and Construction

Capital Markets

Labour and Employment

Agriculture

Chemical Industry

Entertainment Industry

Fuel and Energy

Ecology and Biotechnology

Medicine and Pharmaceutics

Metallurgy

IT and Telecommunications

Real Estate and Construction

Transport Infrastructure

WWW.INTEGRITES.COM

Practices

10

Page 11: Asset Tracing & Corporate Screening

15-B, Borysohlibska St.,

04070, Kyiv,

Ukraine

Naberezhnaya Tower,

Block C, Moskva-City,

10, Presnenskaya Nab.,

Moscow, 123317, Russia

Business Centre “Success”

1/1, Zhandosova St.,

050008, Almaty,

Kazakhstan

Warnford Court,

29 Throgmorton St.,

EC2N2AT, London, the UK

Herengracht 566,

1017 CH, Amsterdam,

the Netherlands

Maximilianstrasse 13,

80539, Munich,

Germany

UNITED KINGDOM NETHERLANDS

RUSSIA UKRAINE KAZAKHSTAN

GERMANY

WWW.INTEGRITES.COM

Integrites International Law Firm

11