Due Diligence of a group of companies during the crediting process

Our steps

During the check process the answers for the following questions has been provided:

  • Are companies such legal persons, which are duly registered and performing their activities in accordance with the legislation of Russian Federation at the present moment? Have the companies or other persons initiated the actions or processes on declaring the companies bankrupt or insolvent? Are any of such procedures active at the present moment? On which stage are they?
  • Do the companies own the due legal capacity for concluding and executing their obligations on the surety agreements? Are the special demands of Russian legislation for granting the companies with such legal capacity present? Does the signing of surety agreements demand the previous coordination, permission or approval by the company management bodies, and entering of surety agreements into force – the due confirmation of them by the company management body?
  • Is the surety agreement the basis for companies’ active and legal responsibilities subject to involuntary execution through the court in accordance with the legislation of Russian Federation? Are the person(s) signing the surety agreement on behalf of the companies are duly authorized to do this (indicate the documents confirming such powers and their term of validity)? 
  • Is the edition of Charter or incorporation document of every company indicated in the conclusion the last acting edition?
  • Do the companies have the seals used for witnessing the signatures of their representatives on the surety agreements, which will be concluded with the bank?
  • Does not the execution of responsibilities under the surety agreement by the companies violate the legislation of Russian Federation?
  • Are the responsibilities of the companies under the surety agreements ranged equally with the other present and future responsibilities except the responsibilities having the highest priority in accordance with the demands of tax, employment legislation of Russian Federation or the legislation of Russian Federation on bankruptcy issues, etc.?
  • Are the consents, licenses, approvals or statements of state authorities of Russian Federation required as necessary condition for execution of responsibilities of the companies under the surety agreements?
  • Is the registration of surety agreements in respective state authority of Russian Federation required? 
  • Are the tax or other deductions from amounts of payments of the companies as guarantors on execution of responsibilities in relation to the bank on concluded surety agreements envisaged?
  • Will the choice of court jurisdiction by the Parties be deemed legal (judicial instance for solving of all possible disputes on surety agreements) and/or will substantive right of a given state be deemed as a right, in accordance with which all disputes of the Parties connected with the surety agreements are solved?
  • Will the Customer have a right to act like a plaintiff in the courts of Russian Federation for execution and protection of rights under the surety agreement?
  • Do the companies have immunity from legal claims and processes in Russian Federation?
  • Will the acknowledgement and execution of the decision of court (court of arbitration) chosen by the Parties for solving of disputes between them be possible on the territory of Russian Federation?

Outcome

Due Diligence of companies during the process of crediting has been performed.

goal

Due Diligence of a group of companies during the crediting process.

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