Protection against Illegal Takeovers

A hostile takeover is a very wide-spread phenomenon in the light of Ukrainian legislation imperfection, of an exceptional profitability and, in many cases, of impunity. It should be noted that no entity is secured from a hostile takeover. The best thing that can be done by the business' owner under such conditions is to secure ad maximum his entity from the illegal infringements for the future, since to prevent the attack far easier and cheaper than to attempt to cope with already launched mechanism. 

  • To develop and to adopt the information security strategy on the enterprise (to develop the trade secret regulations, the non-disclosure agreement, etc.).
  • To examine in detail the corporate documents and to build up a defendable corporate business structure.
  • To structure the Company's property with setting up of the subcidiaries.
  • To attend the additional stock issue with the purpose of the joint-stock capital concentration.

In the event of failure to avoid the illegal takeover, the most important factor is how fast the lawyers intervene in the case. In these circumstances, while combating the raiders, all actions from the shareholders' meeting to the possible litigations should be attended by the qualified lawyers with the widest practice in solving such matters. 

  • As promptly as possible to develop a plan of repelling the hostile takeover with involving both the TFG lawyers and the staff of the Company under attack.
  • To take the urgent counter measures omnidirectionally:
    • The urgent analyses of the documents of entitlement on the assets and the property.
    • The radical redistribution of the ownership rights and the possible encumbrance on the assets and additional resources.
    • The active work with the registration, regulatory and law-enforcement authorities.
    • The assistance in cooperation with the mass media for the wide media coverage of the existing situation.
    • The legal position building and handling the court cases.
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