THE EXPERT: THE WAVE OF BANKRUPTCIES IN SPRING 2021 IS UNAVOIDABLE

Within the framework of the thematic meeting “The partners we trust,” the representatives of Business Russia organization, the Association of Lawyers in the Field of Liquidation and Bankruptcy and other specialized organizations discussed the issues of business support, the importance of the institution of mediation, as well as the lawyers can help entrepreneurs in the current situation.

The head of the autonomous non-profit organization "Capital Mediator" Ekaterina Frolova noted that mediation is one of the important vectors for the development of entrepreneurship and the resolution of disputes. She recalled that this option helps to resolve conflict situations without a trial, and the mediator himself takes a neutral position.

“I recommend using mediation, because the most important thing in our life is to be able to negotiate,” said Ekaterina Frolova.

She said that the problem of business lies in the fact that entrepreneurs are very often inclined to resolve conflicts by force - in court, or by enforcement. In mediation, the parties voluntarily agree to resolve the conflict. Moreover, Ekaterina Frolova added that the "Capital Mediator" signed an agreement, according to which two procedures that are carried out on the site of the organization are free of charge.

In her speech, the head of the Moscow Center for Bankruptcy Prevention and Business Protection, Tatyana Ryabtseva emphasized that 2020 is an unprecedented year, and not all the companies were prepared for such a shock - many turned out to be on the verge of bankruptcy.

“We expect a wave of bankruptcies, no matter how sad it is, but most likely in the spring of 2021, it will inevitably happen,” said Tatyana.

She also said that the task of the center is to prevent this process as much as possible. To protect business, the Moscow Center is ready to provide a number of free of charge services. For example, for those who wish to register a limited liability company or an individual enterprise in the capital, the preparation of documents will be free of charge. What is more, the analysis of the current situation in the company, the risks analysis and building a strategy to restore operations, as well as the audit consulting will be free of charge.

The Vice-President of the Association of Lawyers in the Field of Liquidation and Bankruptcy Vladimir Kuznetsov recalled the problem of bank letters of credit. On the one hand, it is convenient, but on the other hand, the bank always formally approaches the issue of transferring money.

“The Association offers an interesting mechanism, which we call a comprehensive solution for maintaining financial discipline - it is simultaneously a transfer through an escrow account, mediation and arbitration,” said Vladimir Kuznetsov.

He noted that the Association opens a separate escrow account for each transaction - according to the Civil Code, the money on it is not arrested either under enforcement proceedings or under Federal Law 115. And given the current situation, it is much more convenient than applying to the court for years.