Risk management

INFRALEX provides private and corporate clients, as well as public bodies and organizations with a broad range of services in the sphere of risk management of projects, transactions and operational activities (legal due diligence, forensic, internal audit, compliance, etc.).

Legal due diligence

Legal Due Diligence provides comprehensive and reliable information on key aspects of a legal entity's activities.  

As a result of Legal Due Diligence, you get:

  • Objective data for strategic decision-making
  • Recommendations on minimizing the risks of financial losses
  • Strengthening your position in negotiations with your counterparties
  • Reduction of project implementation costs

Directions and scope of Legal Due Diligence may include:

  • Incorporation procedures, constituent and internal documents of the company
  • Corporate structure of the business, presence of branches and representative offices, subsidiaries and dependent legal entities
  • Rights to immovable property, including land
  • Rights to key movable property
  • Rights to shares/stock in other legal entities
  • Rights to intangible assets of the company
  • Foreign economic activity of the company
  • Contractual and claim work in the company
  • Labor relations within the company
  • The right of the company to engage in a particular activity
  • Claims brought by third parties against the company
  • Litigation involving the company

The result of Legal Due Diligence is a detailed report containing extensive description of the state of the business or asset and a list of identified risks with recommendations for minimizing them.

Legal Due Diligence can be carried out in respect of remotely located companies by using a data room or uploading documents to dedicated file exchange servers.

Forensic

INFRALEX conducts investigations to detect fraud or misconduct by business partners, clients or employees.

In addition, forensic services help companies to comply with the law and avoid extralegal situations caused by another party. The results of investigations in form of written reports are often used in court proceedings. INFRALEX lawyers may act as experts in court.

Investigations conducted by our experts reveal that, in Russia, companies lose up to 10% of revenues and up to 30% of profits due to fraudulent actions and/or professional misconduct of their employees. The total amount of losses, inefficient expenses and lost profit identified by us in the companies we have investigated amounted to more than 20 billion rubles.

The main causes of losses were abusive practices of the company's management or its inefficiency that manifested in commercially impractical decisions and insufficient control over the company's activities.

GENERAL FORENSIC:

  • Analysis of purchases and expenditure contracts
  • Comprehensive assessment of provisions of income contracts, efficiency of sales and other channels of income generation
  • Investigation into the business partners of the inspected entity, identification of their affiliation and coordination of actions between counterparties to the detriment of interests of the designated entity
  • Identification of affiliation of employees of the company with the business partners of the inspected entity
  • Analysis of investment projects, feasibility of their implementation, retrospective assessment after the beginning of said implementation
  • Research of payments made to employees of the inspected entity and comparison with the market level

Based on the results of the comprehensive forensic investigation, we prepare a report with the conclusion regarding efficiency of the economic activity of the whole company, as well as our proposals and recommendations on optimization of said activity in the context of identified risks and negative factors.

PROJECT FORENSIC:

  • Analysis of feasibility of company's participation in investment projects, alignment of investment projects with the company's development strategy and its objectives
  • Analysis of optimality of investment project management, including optimality of selected corporate structure of SPK
  • Analysis of major financial, investment and operational flows generated by investment projects
  • Analysis of operating income and expenses, assessment of financial and operational risks in connection with participation in investment projects, risk mitigation measures 
  • Investigation into the business partners of the inspected person, identification of their affiliation and coordination of actions between the counterparties to the detriment of interests of the designated person

Based on the results of the project forensic, we prepare a report with our conclusion regarding the effectiveness of the company's participation in investment projects, as well as our proposals and recommendations on minimization of identified risks and negative factors.

FORENSIC FOR BANKS:

  • Investigation of the borrower, including information about assets, ultimate beneficiaries, obligations to other creditors
  • Analysis of loan collateral provided
  • Verification of the purpose of obtaining the loan and the purpose appropriate expenditure of loan proceeds

Drafting corporate and internal policies and risk mitigation procedures

INFRALEX provides service of the corporate documentation and procedures establishing for the purpose of minimizing the risks identified as a result of Legal Due Diligence and Forensic, including but not limited to:

  • Corporate contracts
  • Governance regulations and policies
  • Procurement regulations
  • Policies on engagement with mass media and business partners
  • Ethics regulations
  • Employment agreements with top management and employees

Comprehensive support of creation of internal audit departments, compliance departments or implementation of appropriate procedures

INFRALEX provides comprehensive support for the creation of internal audit and compliance departments and implementation of the relevant policies, including the development of:

  • Organizational and legal models
  • Corporate documentation
  • Internal regulatory documents
  • Employee manuals

Advising clients in cases of termination of employment relations with managers or other employees who have committed identified violations

In the event of discovery of violations committed by top management or employees of the companies, INFRALEX advises clients on termination of employment relations with said managers or employees, including:

  • Preparing the legal position
  • Participating in negotiations
  • Drafting the documents for termination of employment relations

Legal support for actions aimed at compensation

INFRALEX provides support for the actions of the client aimed at compensation of damages, including:

  • Preparing the legal position
  • Participating in negotiations
  • Drafting the documents for termination of employment relations
  • Representating the interests of the client before the courts of various jurisdictions
  • Investigating and identifying the assets withing the territory of various jurisdictions in order to recover damages
  • Participating in enforcement procedures of court decisions in accordance with Russian and foreign procedural law
Partner. Attorney.
Partner. Head of Insolvency/Bankruptcy. Attorney.
Head of Corporate
Counsel
Counsel
Attorney of Criminal Law practice and procedure
Attorney of Insolvency & Bankruptcy practice area
Attorney of Criminal Law practice and procedure