Raidership attack on international investment company fought back
Complainee: Ministry of Justice (MinJust)
Complaint in brief: The company from Mongolia appealed to the Business Ombudsman Council due to illegal takeover of its Ukrainian enterprise. The complainant suddenly learned about the raidership attack: unknown persons forged documents and changed the information about the company in the Unified State Register (USR). As a result of illegal registration actions, the headquarters office lost control over the subsidiary company in Ukraine that could lead to loss of its assets. That was the time when the Council received a complaint from the company asking for help.
Actions taken: The investigator of the Council acknowledged the complaint was substantiated. The Council provided guidance to representatives of the Mongolian company about the mechanisms of protection against raidership and suggested appealing to the Collegium tasked with consideration of complaints against decisions, actions or inaction of the state registrar (MinJust Collegium). In the letter of support of the company’s position, the Council recommended the Ministry of Justice to restore true data about the company in the USR as soon as possible.
Based on the Memorandum of Partnership and Cooperation between the Business Ombudsman Council and the Ministry of Justice, the Council asked to speed up consideration of the investment company’s complaint as much as possible due to risk of losing its assets. The MinJust Collegium considered the company’s complaint during a few days.
Results achieved: The MinJust upheld the Council’s recommendations. “Thanks to prompt and professional help of the Business Ombudsman Council, the Ministry of Justice came to correct, and,most importantly, legal conclusions on the situation and revoked illegal registration actions that led to the company’s seizure”, the complainant personally told.