The BOC helps fight back a raider attack against a Lithuanian investor 

Subject of complaint: Commission on State Registration Complaints Consideration (MinJust Commission) 
 
Complaint in brief: On 19 November 2018, a Lithuanian investor appealed to the Council. The Complainant informed about illegal takeover of its business. 
 
In 2015, the Lithuanian investor established a credit union in Ukraine. 
 
On November 14, 2018, the director of the union accidentally learned that someone had changed the information about the owner and director of the credit group in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine (the Register). As the law enforcers found out, a private notary had entered false information in the Register based on intentionally forged documents and re-registered the Complainant’s business to other persons. In addition, the director and the owner of the company didn’t approve  selling of the company with anyone,  nor  did they authorize anyone to do it.
 
The Complainant immediately informed the National Police, the Ministry of Justice, the Embassy of the Republic of Lithuania and the Business Ombudsman Council of the illegal takeover. 
 
Actions taken: Having thoroughly investigated the circumstances of the complaint, the Council’s investigator addressed in writing the Deputy Minister of Justice of Ukraine on state registration and the MinJust Commission in writing with a request to give a thorough and impartial consideration of the case and to provide a reasoned decision. 
 
Besides, the issue was submitted for consideration to the Interdepartmental Commission on Investors’ Rights Protection and Counteraction to Illegal Takeover and Seizure of Enterprises. At this meeting, the Deputy Business Ombudsman presented the Complainant’s case. After considering the company’s complaint, the Commission ordered the Ministry to take personal charge of the case and promptly check the private notary’s actions. 
 
Result achieved: Pursuant to the MinJust order, illegal actions of the private notary were canceled. The founder and director of the Complainant restored their legal rights. The notary was blocked access to the Register and a procedure for revocation of his notarial activities certificate was initiated. The case was closed successfully.