Business Protection from Raiding: Comprehensive Measures and Action Plan

In today’s reality, the issue of asset security is extremely acute. Business requires special protection during periods of instability, particularly during quarantine restrictions or martial law. Raiding (Hostile Takeover) is not only a physical seizure but also complex legal manipulations that can only be prevented through a systematic approach.

Prevention of Interference: How Not to Fall Victim to Raiders

Prevention of raiding is always more effective and cheaper than recovering assets through the courts. The owner’s primary task is to create legal barriers for attackers.

• Audit of Statutory Documents: align your constituent documentation with current legislation. Establish “anti-raiding” restrictions on decision-making by the director and the general meeting of participants.
• Rejection of Physical Seals: canceling or limiting the use of physical seals will help avoid risks in case of their loss or forgery.
• Digitization of Signatures: implement document signing exclusively via EDS (Electronic Digital Signature). It is virtually impossible to forge, unlike a handwritten signature.
• Constant Monitoring: regularly check the company’s status through open registries, for example, USR, or use the Opendatabot service for instant notifications of changes.
• Real Estate Control: information on real estate objects and land rights must be entered into the state register. Look for up-to-date information at online.minjust.gov.ua.

Information and Physical Security

Legal protection must be reinforced by organizational measures. Business structuring and compliance risk management significantly reduce the number of levers of pressure on the company.

An important aspect is the implementation of modern IT technologies to protect corporate data. In parallel, the enterprise should have a contract with a professional security company capable of immediately providing physical protection in case of an attempted takeover.

Timely legal assistance from a professional attorney allows for “prevention” and the preparation of effective measures to protect your rights even before a real threat arises.

Action Plan: What to Do if Interference Has Already Occurred

If a raiding attack has already begun, the main thing is to act quickly and in a coordinated manner. Every hour of delay plays into the hands of the invaders.

1. Call Law Enforcement: immediately call the police and file an official report of a crime.
2. Media Outreach: giving publicity to the situation often helps stop the attack. Media resonance stimulates state authorities to act more promptly.
3. Anti-Raiding Headquarters: if it concerns agricultural assets (land, crops), be sure to notify the specialized headquarters to coordinate defense.

Where to Appeal Registration Actions

There are two main ways to regain control over a business: administrative and judicial. The choice depends on the situation, but an important restriction should be kept in mind.

Important: you must choose one of the two types of appeal. The existence of an open court dispute is a legal ground for refusing to consider a complaint by the Ministry of Justice Commission.

1. Commission for the Consideration of Complaints in the Field of State Registration

This is the fastest way. The Commission usually decides to cancel an illegal registration action within 2-3 weeks (maximum 45 days). This allows the owner’s rights to be restored promptly without years of litigation.

2. Judicial Procedure

You have the right to challenge agreements and registration actions in court, seize assets, and establish a ban on certain actions. This is a reliable but lengthy path that requires professional legal support.

About the Author