The capture raid is what? Do I need to be afraid of raider seizure to the owners of the LLC or IP?

Most of the power methods for doing business came to Russia from the West. One of these methods is raiding. This term is exclusively military. Raiders are large surface warships, auxiliary cruisers engaged in the destruction of enemy communications. The nature of the military prototype's actions affected the appearance of this term in the economy. Consequently, raider capture is an unfriendly power takeover of an enterprise against the will of its owners (the head). The goal is to take control of the entire property of the organization without a predominant share in the structure of its capital. Having seized control over the assets of the enterprise, the raiders usually take them out and sell them, while gaining huge profits.

The emergence of raider captures

The impetus to the appearance of raider captures was the emergence of a new concept in the market - shares. With their help, it became possible to absorb the organization without the consent of the leadership. A striking example of raiding is the attempt made by Jean de Batz to capture the French East India trade company in the 18th century. At the end of the XIX century, the most successful and famous raider was John Rockefeller. To capture, he applied preferential prices for oil transportation.

In the 1990s, the peak of raider seizures was observed in Europe, after which all this came to the countries of the former USSR. The reason for the appearance of the case was privatization. A vivid example of the time when the raider seizure of the plant occurred was the purchase of ZIL for $ 4 million, and Uralmash for $ 3.72 million.

Methods and signs of raider attacks

The main methods of raider captures can be the following:

1. The power actions, for example change of locks, protection, etc.

2. The cascade method.

3. Redistribution of property, which is an unlawful act, but in form is put in a way of legal procedure.

4. Unfriendly absorption of land complexes, property and property rights, carried out with the corrupt use of administrative, state and security resources, as well as an insufficient legal framework.

5. Psychological pressure.

6. Initiation of business conflicts. With this, asset seizure takes place.

The signs of raider seizures are the following:

1. Capture corporate control rights or someone else's property.

2. The actions of the raider are inherently illegal, even if methods based on the law are used, such as resort to a court.

3. Raiding is a kind of business, because the goal of capture is always commercial profit.

Types of raider captures

In Russia, raiderery is divided into three categories: "white", "gray" and "black." Consider them.

"White" raiding is implemented within the law. The main method of this type is corporate blackmail. To do this, interference is caused to normal work with the help of a minority stake with the expectation that the management of the enterprise will redeem this package at an overpriced price in order to get rid of blackmail. Usually such a raider seizure of the company is due to financial difficulties and ineffective corporate governance.

"Gray" raiding - the activities of the invaders in violation of civil law. At the first sight, such an action looks legitimate. But when analyzing the methods used, it becomes clear that this scheme is fraud. There is a forgery of documents and bribery of officials. This method can be used in any enterprise.

"Black" raiding is the hardest way to capture businesses. The raider seizure of the Criminal Code of the Russian Federation is associated with violation of the norms of criminal legislation. People who act in this way use violent methods of seizing power: blackmail, force entry to the enterprise, bribery, forgery of the register of shareholders, etc. Usually this kind of raiding applies to non-public enterprises, although it is applicable to anyone.

Which companies are at risk?

Since the raider seizure is an activity for capturing another's business using different methods, almost any enterprise can become a risk group. Most often, the following organizations are affected:

1. Enterprises with attractive assets.

2. Organizations that allow violations of legislation in activities.

3. Enterprises with a fragmented shareholding.

4. Organizations that have uncontrolled accounts payable.

5. Enterprises, whose management inefficiently manages their property and does not control the timeliness and correctness of the execution of documents related to the activities.

Consequently, raider capture is a long and time-consuming activity of raiders. Therefore, before engaging in it, attackers carry out appropriate training. They study information about the object of interest, probing its weak points (name of the enterprise, organizational and legal form, shareholders and their shares, the main asset). Also eyeing the security service, legal, accounting structures. Preliminary study of financial resources, links with law enforcement bodies, leaders, lobbying opportunities, relations in the team, etc.

Developing a capture plan

After collecting the necessary information, the raider analyzes to develop an action plan for the capture. He also calculates the necessary financial costs and forms the budget for the operation.

The capture plan is developed individually for each organization, taking into account its weaknesses and features. He can be both power and legally competent. The attacker does not attach much importance to the activities of the enterprise, as well as to the forms of ownership. He does not care, there will be this raider seizure of LLC, CJSC, etc. This only affects the action plan.

The capture process

A raider capture is an activity to absorb an enterprise, involving the use of certain methods. In the process, attackers use more than one method, and apply several at once. The most effective raiders are called the cascade method. This option provides for the creation of a continuous chain of problems simultaneously in several directions. This leads to the fact that the company does not cope with a succession of problems arising one after another. This is what the raiders expect. After all, the enterprise does not prepare for the attack in advance, therefore it does not have sufficient financial and human resources. In the process of capture, raiders can use one or more cascades.

Judicial cascade

As a rule, the judicial cascade is first applied. Its purpose is to use the necessary measures to secure a suit, which is removed by the invaders themselves after a certain period. Winning in the process is not the goal. This measure is carried out by filing a lawsuit. Thus, a determination is made on the establishment of interim measures, and all or part of the property of the enterprise is seized. Consequently, the organization will no longer be able to protect its property from raider attacks. Such claims in court are cascading. As a result, the main assets of the organization become blocked. Therefore, it will be impossible to sell or mortgage them.

The Criminal Cascade

After the judicial cascade the next criminal proceed. With this method of attack, various criminal cases are initiated against top management and majority shareholders. Often, during such a process of harassment, arrest is seized on shares of majority shareholders. Their voting rights are also blocked.

Cascade of checks

The cascade of checks presupposes the presence of controlling state bodies. In this case, attacks occur not only at the capture enterprise, but also in counterpart organizations. The purpose of the cascade of inspections is to divert attention, resources and forces of the enterprise, concentrating them on problems with inspection bodies.

Security cascade

The guard cascade is used to neutralize the security company, which provides a potential enterprise for the seizure of its services. Various inspections of the activities of officials are carried out for this purpose . Also carefully study the personnel. The purpose of the checks is to divert the attention of the security company from the productive assistance of its organization.

There are also other cascading methods that effectively help raiders capture the enterprise.

Protection against raider capture

If the management of the enterprise suspected the possibility of encroachment on the establishment, first of all, to counteract the seizure, it is necessary to attract qualified lawyers. If you know a particular customer, you can involve law enforcement. Try to check the invader itself. In some cases, lawyers manage to withdraw the assets of the enterprise.

Protection against raider capture involves certain preventive measures:

1. Audit of constituent documents. It is recommended that the company's Charter introduce an item on prohibiting the alienation of shares in favor of third parties, which, in case of forgery of constituent documents, will protect against seizure.

2. To concentrate all authorized or share capital in the hands of a narrow circle of persons. This reduces the likelihood of uncontrolled penetration of raiders into the number of owners.

3. Transfer your assets to a non-performing legal entity.

4. Check the reliability of the registrar, who keeps the register of shareholders. It is recommended that you block your shares in the register. For this, a corresponding application is submitted to the registrar.

5. It is necessary to receive regular extracts from the Unified State Register of Legal Entities, the Unified State Register of Legal Entities, and the register of shareholders.

6. Organize protection of the main seal, original statutory documents, title documents for assets, permits, licenses, etc.

7. Ensure information security.

8. To organize the proper operation of the security service.

What happened in the "Royal Waters"?

Raider seizures in Moscow did not ignore such a well-known company as "Royal Water". The founder of the enterprise, Joseph Badalov, claims that a false accusation was falsified against him. Because of this, he was in the pre-trial detention center and spent six months there. During this time, all necessary documents of the Royal Water Company were forged. The raider seizure occurred with the participation of both people working in this organization, as well as other persons not related to this organization, including law enforcement officers. For example, the director of the company D. Nekrasov during the absence of I. Badalov stole all the necessary documents, forged them. He, having a 0.1% stake, became the owner of 100%. In just five days, the entire property complex of the enterprise was leased to another legal entity for a nominal fee. As a result, a new property owner for several billion dollars appeared in Royal Water LLC. The raider seizure led to the fact that at present the founder of the company has to sue. The goal was to return all assets and legal rights to their organization.