Anastasia Samusenko has told RBC how to prevent corporate conflicts

Anastasia Samusenko - Senior Associate

The increase in business activity in 2021-2022 coincided with both an increase in the number of bankruptcies and an increase in the number of M&A, which, as a rule, leads to an increase in corporate disputes. Especially for RBC+ Petersburg, Anastasia Samusenko, Associate at Maxima Legal, told how to prevent corporate conflicts or minimize the consequences if they arise.

Thus, the expert pointed out that the mechanisms for resolving corporate disputes depend on the cause that caused the conflict. “In the case of corporate conflicts resulting from disagreements between business owners, the most effective tool to prevent them is elaboration of a corporate agreement (with implementation of the necessary provisions in the company’s charter). It should stipulate how profits are to be distributed, how the company’s main development strategies are to be defined, what actions are to be taken in the event of a conflict and what other conflicts arise, and option agreements allowing the partners to buy out the stakes of the other participants in case of a conflict”, said Anastasia.

To prevent corporate conflicts related to disagreements within a business owner’s family, the Associate recommended comprehensive family and succession planning. And preferably on the part of each of the business partners. Anastasia Samusenko specified that “it includes preparing a prenuptial agreement as well as planning the process of business succession, including preparation of wills, choosing heirs who would be able to continue managing the company, or preparing to transfer the business to other trustees and other mechanisms”.

Anastasia also drew attention to the fact that entrepreneurs have recently realised that it is easier to negotiate and minimise risks, preserving the business, than to act through the courts. “Any litigation not only means significant time, reputational and property costs, but also often aggravates the position of the parties and leads to the involvement of creditors and other third parties, including supervisory authorities, in the dispute. This ultimately has a negative impact on all business processes and impedes, if not halts, the company’s operations,” summarised the expert.

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