At the Legal Committee of the Russian-German Foreign Trade Chamber, Managing Partner of the bureau Artem Sirota made a report on seizure of property as a risk factor for business in Russia. The report considered both compensatory and gratuitous seizure. Special attention was paid to gratuitous seizure and the measures that may lead to it. In his report, Artem also analyzed the signs of indirect expropriation and the issue of protecting owners in this case, considering the latest practice of the Russian Constitutional Court.

Details of the report are available in the presentation (in Russian language).

Can a shareholder return his contribution previously made to the company's additional capital? Ekaterina Ivanova, senior associate of the bureau, discussed this topic at a roundtable discussion of the Civilists' Club.

There are several ways for shareholders to finance the company: 

• to contribute to the share capital - but this requires compliance with the procedure, amendment of the charter and its registration,

• to give a loan to the company - which is one of the most common ways in practice, or

• to make a contribution to the additional capital of the company - this way is easier and does not require such formalities as with an increase in the charter capital. 

However, in practice, the question arises whether the shareholder can return such contribution and how the shareholder can protect his expectations that other shareholders will also make their contributions.

At the round table we discussed the positions of the courts on this issue and the mechanisms that are used in practice to mitigate risks.

The recording of the discussion is available at the link. The key courts positions are highlighted in the presentation.

Managing partner of Sirota & Partners Law Firm Artem Sirota shared with RBC his insights on what important things have happened in the real estate and construction sectors and what businesses can expect in 2025.

• May a violation of the counter-sanctions legislation lead to serious problems?

• What are the deadlines that need to pass so that transactions involving real estate acquired from officials can no longer be challenged?

• Is it possible for us to legalize the unauthorized reconstruction that took place prior to your owning?

We discussed this and other practical approaches, drawing on our experience in assisting such projects.

More information on RBC.

We are happy to notify you that, as of 2024, our team has been included in the first group of the top all-Russian ranking of law firms and market leaders for legal services, as reported by Pravo.RU. We have strengthened our position by becoming one of the leaders in our core practice of advising in the field of "Real Estate, Land and Construction." We appreciate our clients' faith in our company and our team's well-coordinated efforts to achieve the outcome.

You may find more detailed information here.

We are pleased to inform you that Sirota & Partners was recognized as Band 1 in the list of the leading law firms in Russia in accordance with “Leaders of Legal Services Market” ranking published by the Russian leading business publishing house Kommersant in 2024. Sirota & Partners confirmed its position in the category “Best Sector-Specific Practices: Federal Rating” in the area of “Construction and real estate” both in consulting and dispute resolution.   

For more information, please see the following link.

At the legal forum “Real Estate and Construction Market in 2024: Legal Risks” organized by Pravo.ru, managing partner of the bureau Artem Sirota highlighted the problem of unauthorized reconstruction based on the recent court cases. The report touched upon the key positions of the Russian Supreme Court and lower courts on the principles of qualifying work as unauthorised reconstruction and distinguishing it from permitted development. In conclusion, Artem gave practical recommendations for owners and tenants of premises.

The presentation with the report are available at the following link.