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Legal Audit | bojarski.net.pl

We offer comprehensive audit services focused on Clients? business activity and its legal aspects. We also conduct audits in order to analyze legal and economic results of planned transactions.

Aims:

  • IMPROVEMENT OF FIRM EFFECTIVENESS;
  • COST REDUCTION;
  • MINIMASATION OF LEGAL THREATS WITH REGARD TO RUNNING BUSINESS ACTIVITY;
  • CLIENT SUPPORT IN STRATEGIC DECISIONS AIMING AT REDUCTION INVESTMENT RISK.

Scope of analysis depends on our client?s expectations and conducted business activity. We also render services during audits and we assist with making decisions by all employees.

As part of comprehensive audit services we make a legal analysis of a company including:

  • decisions,
  • actions,
  • procedures,
  • internal legal acts as far as their compliance with commonly applied regulations is concerned.

We define legal status, ownership system and possible barriers regarding ownership, third parties rights or security for a debt. Our offer will be tailored to your needs and can be covered in stages.

Our offer includes:

CORPORATE AUDIT:

  • Analysis of compliance of a legal entity with legal provisions, analysis of legislation applicable for a particular branch
  • Analysis of functioning of a given legal entity (incl. managing and controlling board)
  • Analysis of internal regulations
  • Analysis of current administrative, court and enforcement proceedings
  • Insurance audit
  • Analysis of legal status of real estate
  • Analysis of legal status of movable property
  • Issues regarding environmental protection
  • Information and specialized documents for particular business activity
  • List of risk factors
  • Participation in other legal entities or entrepreneurships, creating business networking
  • Analysis of encumbrance of property
  • Research on the land and mortgage register and correlated documents (incl. real estate management), contracts concluded in connection with owning, using and taking benefits of real estate.

We make a throughout analysis of corporate documents. We take into consideration their validity and effectiveness as far as generally applicable regulations are concerned. The analysis includes:

  • articles of association,
  • status of the company or other document  defining its business activity,
  • rules of procedure of the management board and the supervisory board,
  • regulation of the shareholders meeting.

STAFF AUDIT:

  • Employment analysis;
  • Contract analysis;
  • Drafting contracts;
  • Salaries, benefits, leaves;
  • Refinancing of costs regarding working duties.

DEBT COLLECTION AUDIT:

  • reports indicating claim schedule of a company;
  • stating weaknesses of enforcement proceedings;
  • rating existing debt claims and the simulation of next actions with the cost estimate;
  • analysis of overdue debt claims or those after ineffective enforcement proceedings;
  • analysis of applied debt recovery procedures;
  • analysis of evidence claim;
  • analysis of applied security for a debt;
  • analysis of actions regarding enforcement proceedings;
  • analysis of debt claims management;
  • analysis of enforcement proceedings, drafting optional approaches;
  • analysis of conducted enforcement proceedings;
  • analysis of cooperation with bailiffs and information given to them;
  • analysis of actions taken by an external debt collection company and acquired knowledge of cases;
  • analysis of how the creditor has been represented;
  • analysis of integration level of internal and external unit.

The debt collection audit aims at analyzing debt claims and main weaknesses of current debt collection model. It also examines debt claims in terms of legal aspects, analysis of creditor?s documents and indicative valuation of debt claims. The legal analysis of corporate claims, including mortgage claim, provides risk assessment of claims recovery, its timing and costs.

We also render service for purchased claims and we offer comprehensive assistance in selling claims at all stages of proceeding including amicable, court and enforcement proceeding. Our team can also valuate claims.

Claims undergoing debt collection proceedings enable us to define characteristic features of the debt portfolio and types of creditors. We adapt our action models to particular categories.

Results of debt collection audit may lead to further actions:

  • drafting management strategy of debt claims;
  • selecting and preparing debt claims for selling and for repeated enforcement proceedings;
  • implementing other ways of bailiff enforcement;
  • improving professional qualifications through specialized trainings in scope of developed procedures;
  • integrating actions of internal unit with specialized external company;
  • preparing debt collection procedures.

CONTRACTUAL AUDIT:

  • analysis of contracts concluded with counterparts in terms of:
    • representation of parties
    • correctness of annexes
    • verification of documents related to the contract
    • accurate evasion of the legal effects
    • liability for improper performance of the agreement
    • liability for non-performance of the agreement
    • withdrawal from the agreement
    • change in circumstances (rebus sic stantibus);
  • development of procedures aiming at verification of counterpart;
  • analysis of legal measures for transaction security;
  • analysis of intangible and legal assets including required decisions, concessions, authorizations and licenses;
  • analysis of issues related data protection;
  • drafting contracts containing security options that could be freely arranged in negotiations with counterpart;
  • drafting several contracts for similar transactions that could be freely selected depending on arrangements and counterpart?s requirements.

We also offer an one-time or regular analysis of commercial contracts, civil-law contracts and those related to labour law. We draft contracts, modular contracts and verify existing provisions in contracts. We also propose modular legal forms of contract guarantee.

OUR STRENGHTS:

  • FOCUS ON OBJECTIVES SET BY THE CLIENT;
  • ADAPTATION OF ACTIONS TO THE BRANCH, COMPANY AND CLIENT?S EXPECTATIONS;

FLEXIBILITY AND NON-CONVENTIONAL THINKING.


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