How much does the first consultation cost?

The consultation is free when an engagement is signed: if you entrust the matter to us, the first meeting costs nothing. At it we go through the situation and tell you whether the matter has prospects in court, what scenarios are available and roughly what running the case will cost. This information does not constitute a public offer (art. 437(1) of the Civil Code of the Russian Federation).

Do you guarantee the outcome of a case?

No, and nobody can: the outcome of litigation is decided by the court. We are answerable for the quality of our work, for the pace and for making sure you always know what stage the matter is at. You receive our assessment of the prospects before the engagement is signed.

Who will handle my matter?

Every matter has a responsible partner. He assembles the team for the task — a litigator, a tax specialist, a valuer — and remains your point of contact until the end. Where the task requires the status of an advocate, advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association are brought in under a cooperation agreement.

Do you work with the regions?

Yes. We have two offices — in Moscow and Mariupol — and we run matters throughout Russia. The engagement can be signed remotely, documents are accepted electronically, and we stay in touch by telephone, messenger and e-mail.

How do the firm's lawyers and the advocates work together?

Legal review, transaction support, insolvency and representation in commercial and civil proceedings are carried out by the lawyers of Kovalev & Partners LLC under an engagement with the company. Tasks that require the status of an advocate — criminal defence, attendance at searches and interviews, an advocate's formal request — are carried out by advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association: the company has a cooperation agreement with the Bar Association, while the agreement on the provision of legal assistance is made by the client directly with the advocate (art. 25(1) of Federal Law No. 63-FZ of 31 May 2002 “On Advocacy and the Bar in the Russian Federation”). For you this is a single point of entry: we assemble the team.

What happens after I send an enquiry?

We read your description of the situation and come back within one working day: we ask clarifying questions and tell you what we can realistically do. We do not pass your documents or your description of the situation to anyone.

LATIN AMERICA / 24

Checking a partner from the region before the deal: registries, sanctions, authority to sign

First contact with a Latin American partner often comes through a trade fair or a referral, with almost no documents on the company. We check that it exists and is registered, who owns it and who may sign the contract, and whether the company, its owners or its banks appear on sanctions lists. We obtain local registry information through a local specialist and deliver our findings in Russian or English.

Call: +7 (499) 460-63-47

What is happening

A Mexican distributor offers a large contract and asks for exclusivity for several years. All that is known about the company is what its website says.

A buyer from Colombia asks for goods to be shipped with payment through a company in a third country. The seller wants to know who is behind both companies and whether they are linked to sanctions lists.

An Argentine partner has sent a contract signed by someone who describes himself as a director. The authority to sign needs to be confirmed.

What the law says

Every company in the region has a local registry entry and a tax number: CNPJ in Brazil (Receita Federal), RFC in Mexico (SAT), CUIT in Argentina, RUT in Chile (SII), NIT in Colombia (DIAN, with the RUES registry kept by chambers of commerce), RUC in Peru (SUNAT, with the SUNARP legal entities registry). Matching the number, name and status against the registry is the first thing we check.
The SDN list is maintained by the US Treasury's Office of Foreign Assets Control (OFAC); we also check EU, UK and local lists, because banks in the region rely on them.
Separate US sanctions programmes apply to Cuba, Venezuela and Nicaragua: a counterparty's links to these countries affect whether payments are possible.
Transactions with persons from unfriendly states follow a special procedure under Presidential Decree No. 81 of 1 March 2022 on Additional Temporary Economic Measures to Ensure the Financial Stability of the Russian Federation, so we establish who stands behind the partner.
A representative's authority derives from a power of attorney, the law or an act of an authorised body (Articles 182 and 185 of the Russian Civil Code); we check the partner's signatory against documents of its own country together with a local specialist.
If the goods are dual-use, supplying them requires permits under Federal Law No. 183-FZ of 18 July 1999 on Export Control, and the identity of the end recipient matters for the deal.

What we do

We confirm registration, name, tax number and company status using local registry data obtained through a local specialist.
We identify shareholders and ultimate beneficial owners as far as local sources allow.
We check the signatory's authority: articles, resolutions of management bodies, power of attorney.
We screen the company, beneficial owners, managers and the partner's bank against the OFAC SDN list and EU, UK and local lists.
We assess links to unfriendly states and to Cuba, Venezuela and Nicaragua to understand the payment regime.
We look for public information on litigation and reputation where local sources allow.
We prepare written findings: facts, sources, risks and recommendations for the contract.

What we will need from you

The partner's name, country and tax number, if known.
Documents the partner has already sent: articles, registry extract, power of attorney, contract.
A description of the deal: goods, amount, payment terms, country of delivery.
The date by which you need the findings.

HOW THE WORK IS BUILT

How the work is built

Input

The partner, the deal, what matters most to check.

depends on the task

Sanctions screening

Company, owners, managers, bank.

at the start

Local registries

Requests through a local specialist, translation of extracts.

depends on the country

Authority and structure

Review of signatory documents and the ownership chain.

depends on the task

Findings

A written report with risks and contract recommendations.

at the end of the check

NEARBY

Other services in this practice

All services in this practice

QUESTIONS

Frequent questions

Can a partner be checked using public sources only?

Partly. Sanctions lists are public, but the completeness and reliability of local registry data are best confirmed through a local specialist. We set the depth of the check according to the size and risk of the deal.

What if the partner will not disclose its beneficial owners?

That in itself is a risk signal, especially with payment through a third country. Banks will ask for this information anyway, so it is better to find out before signing.

Does a check guarantee that the partner is reliable?

No. A check shows the facts as of its date and reduces risk but does not eliminate it. The rest is covered by contract terms: prepayment, security and termination rights.

How often should the check be repeated?

Sanctions lists change, so in a long relationship it makes sense to recheck the partner before each major deal or on a schedule. This can be part of ongoing support.

NEXT STEP

Let us discuss your situation

The consultation is free of charge when an engagement agreement is signed: on it we say what has to be done and by when.

Call: +7 (499) 460-63-47