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ПРАВОВИЙ ДЬЮ ДІЛІДЖЕНС ЯК ПРОЦЕДУРА, НЕОБХІДНА ДЛЯ СТВОРЕННІ ВІРТУАЛЬНОГО ПІДПРИЄМСТВА.

Authors :
О. А., Осінська
Source :
Uzhhorod National University Herald Series Law; 2024, Vol. 83 Issue 1, p328-333, 6p
Publication Year :
2024

Abstract

The article is devoted to the disclosure of legal due diligence as a system of business risk management when creating a virtual enterprise. Determining the full picture regarding the counterparty of the virtual enterprise is necessary in view of the importance of compliance with the requirements imposed by the regulatory and legal acts of Ukraine, adopted in connection with the large-scale military invasion, as well as the requirements of the EU regarding countering terrorism, illegal drug trafficking. The conducted research made it possible to come to the conclusion that due diligence is a systematic check of a business entity or certain assets, real estate objects based on professional analysis and assessment of information in order to identify and determine the degree of potential risks in order to make a decision on the feasibility of concluding the relevant contract and definition of its essential conditions. One of the types of such verification is legal due diligence, which consists in a legal verification of the legality of the company’s activities or the right to a certain asset of the opposite party. It is especially important to conduct it when creating a virtual enterprise, as it allows you to establish the identity of the future counterparty-participant of the virtual enterprise and, in turn, avoid the risk of establishing contractual relations with an improper counterparty. The stages of conducting legal due diligence are as follows: a) drawing up a plan for conducting an inspection with the definition of the necessary information and the procedure for obtaining it; b) obtaining information necessary for legal analysis; c) legal analysis and verification of the received information with the formulation of conclusions about the possibility of creating a virtual enterprise; d) formalization of the obtained results in the form of a written report. The legal basis for conducting this type of inspection can be a contract for the provision of consulting or legal services, as well as a contract between the company in respect of which legal due diligence is performed and the company that orders it. [ABSTRACT FROM AUTHOR]

Details

Language :
Ukrainian
ISSN :
23073322
Volume :
83
Issue :
1
Database :
Complementary Index
Journal :
Uzhhorod National University Herald Series Law
Publication Type :
Academic Journal
Accession number :
179719081
Full Text :
https://doi.org/10.24144/2307-3322.2024.83.1.49