Deal structuring
Before concluding a contract, it is advisable to analyze the consequences of the contract. Since at the moment of transfer of rights each of the parties acquires a new status, it is necessary to approach the issue seriously.
For example, when selling real estate, a rare buyer understands the need to pay property taxes every year thereafter. As well as the acquisition of the obligation to make monthly utility bills.
The seller does not always know about the need to pay income tax on property that was sold before the expiration of 5 years from the date of purchase.
The more serious the deal, the higher the risks. The lawyers of DTK Partner will provide a service for structuring the transaction and will save you from unreasonable expenses.
Why structuring the deals is necessary
In the process of structuring are evaluated:
- Legal risks (the presence of minor or legally incompetent owners in a real estate transaction).
- Tax risks (the need to pay 13% of the transaction amount, if the object was owned for less than 5 years).
- Accounting risks (high level of losses due to improper investment).
Structuring is necessary if the process involves a high risk for one of the parties:
- purchase and sale of expensive real estate;
- project financing startups;
- mergers and acquisitions;
- conclusion of loan agreements;
- purchase of shares;
- investments in investment funds.
Law firm services to ensure transaction security
Legal structuring of the transaction includes the following steps:
- Analysis of potential risks. Not every transaction is beneficial to the parties. For example, when lending, it is necessary to take into account the interest rate and hidden fees. And when buying and selling real estate, you need to check the legal purity of the subject of sale.
- Analysis of the consequences of the transaction for the parties. The specialist must analyze the positive and negative consequences for each of the parties. At this stage, both direct (ownership of the new facility) and indirect consequences (increase in production volumes) are evaluated.
- Planning for the transaction. After analyzing the data, the parties decide whether to conclude a contract. If the decision is positive, it is necessary to plan the process of processing the transaction.
- Preparation of a package of documents for concluding a contract. Any contract is concluded on the basis of a significant list of documentation. The more complex the subject of the contract is, the larger the package of documents you need to prepare. The absence of one significant form may make it impossible to conclude a transaction.
- The process of concluding a contract. Depending on the type of transaction, different procedures are provided. For example, in respect of a number of property objects (shares in real estate), notarization is required. In relation to others (motor vehicle) – registration with the traffic police. The lawyer must agree with the authorized authorities on the date of execution of the contract.
- Monitoring the fulfillment of obligations of the parties to the contract. The purpose of concluding a contract is to transfer rights to a specific object. The lawyer must control the moment of transfer of property.
Assistance of DTK Partner lawyers
The lawyers of the law firm will study the documents on the subject of the transaction, evaluate the legal purity of the proposed agreement. If necessary, a lawyer will accompany you to negotiations or hold them in your place. The scope of his authority will depend only on your wishes. For guaranteed success, it is advisable to ensure the participation of a specialist at all stages of the transaction, starting from the moment of risk assessment.
The specialists of DTK Partner will provide services for structuring the transaction both in Moscow and other Russian regions. You will receive full support regardless of the subject of the transaction.
