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Continuing our theme of the affected client's vision legal services would like to dwell on the fact that customers understand under "ideal Law Firm ».

agree that not every lawyer asking the client a question to this effect: "What you see law firm , which you would like to collaborate?". The results of market research conducted by the Legal Bureau Pisarenko, help set the basic features of the image of the ideal law firm .

This image was determined by several criteria. The study was interesting to find out whether the size of law firm to choose its customers. It was found that the size is not critical in addressing this issue. Most of those who drew attention to this factor, prefer to apply to small law firms . Thus, 68,2% of respondents prefer to contact the company, consisting of 10 persons.

interior of the office - business card

again confirmed the assumption that customers value most rapid, high quality and inexpensive solution. This revealed another detail, which may, law firms did not pay attention. Customers want to feel comfortable while interacting with a lawyer. That is why many respondents stopped on the description of the interior law firm . The most interesting is that most respondents would like to see office law firm , in which they served, decorated with flowers and aquarium. The same number of respondents were in favor of renovation and expensive modern equipment cabinet, compulsory predominance of business style in the office setting.

minority of respondents indicated that they would not need sumptuous splendor, but they appreciate, above all, the presence of the reception office, equipped with simple but tasteful. Some of the attributes identified as necessary to sign on the door, the availability of books in the office of a lawyer, cleanliness and order in the premises.

director of the Kiev office of the international law firm PLLG Olga Vasilenko believes that the interior of the legal office says about the aesthetic preferences of the people working in it and the mood they seek to create for their clients. "Coming in law firm , a client first meets with the design and furnishings office, which is a kind of a person working in it lawyers. Someone like situation, and someone not. Naturally, you will not please everyone, although the overall atmosphere should please the majority of our visitors. The main thing that your office is displaying the mood and perception of the world staff and created a creative and friendly atmosphere ", - says Olga Vasilenko.

Sometimes clients and lawyers relate differently to the same concept. Thus, respondents did not mention among the main requirements of the location of the company at the center of the city, although many lawyers believe that indicators of success. Customers have confirmed well-known phrase that a good technician will go to the edge of the world.

Good reputation - success

If the interior of said 16% of the respondents, the majority of them focused attention on the following characteristics.

good reputation law firm can a priori, to put it into the ranks of ideal. At the same time, saying "good reputation", the respondents meant "a large percentage of won or lost by the absence of cases." In addition, part of the company's reputation has been named a prestigious office and the duration of the company. That is why clients often turn to law firms on the recommendation of friends, even if prices for services in the firm exceed the prevailing market rates.

is not surprising that only a third of the respondents in choosing law firm is guided by a price index and the presence of a flexible system of discounts.

lawyer is inseparable from the firm

largest number of respondents when describing the ideal law firm drew attention primarily on the personal qualities of its staff. After all, it depends on the expertise of a lawyer fast and qualitative decision the client problems. Respondents reported that the guarantee of quality legal services for them to be a lawyer, combines a professional quality (competence, experience, knowledge legislative conflicts, reliability, diligence), and personal characteristics (attention to the customer, friendliness, honesty, individual approach).

Now a word from lawyers and find out if they agree with the respondents.

Partner of law firm "Pravis Oleksiy Reznikov shared his vision of an ideal law firm . "You can call the three pillars on which rests law firm , as close as possible to the ideal. First of all, it is a high professional level of provision of legal services . More lawyers should be thinking outside the box, creative approach to solving client problems. And finally, last but not least - is the ability to feel the lawyer's client's problems. Only a lawyer appears sporting passion and desire to win the case. It is reasonable to combining these features, you can create a perfect law firm », - says Alexei Reznikov.

say: ideals do not exist. However, this does not mean that we should not strive for perfection. With information that invest in the concept of "ideal law firm » clients can develop a plan of action. In such a case would be useful image articles containing information about the history of the company, its employees, specialization, the description of practical cases and solutions to complex issues.

The essence of the relations arising in the business turnover, or more simply, in the course of doing business with partners (suppliers, customers, etc.) is that, sooner or later, the organization will be faced with legal problems, namely, to resolve a dispute about non-payment for services rendered services or work performed.

In most cases, the problem is solved already in the courts. And finally, after exhausting litigation rightness of your actions proved and is reflected in the court decision / ruling, which came into force. You have a sacred writs of execution ... seemingly everything - out of the woods: you can only wait for so long overdue sums received by or in the voluntary execution of the debtor obligations, either during the procedure of forcible collection of money awarded to him. However, an enforceable legal act and the writ of execution does not always guarantee you receive adjudicated property or sums of money from the debtor.

Implementation of recovery on the basis of a writ of execution may be exacting their own or with the bailiffs.

Path 1: Implementation of the recovery itself.
So, you decided that the enforcement proceedings feasible your own.
1. First of all, when you receive check writ of execution. He must comply with Clause 8 of the Federal Law № 119-FZ of 21.07.1997g. "On Enforcement Proceedings". In the court injunctions should contain:
- The name of the court issuing the writ of execution;
- Matter or materials for which issued a writ of execution and their numbers;
- The date of adoption of a judicial act to be enforced;
- The name of the creditor and the debtor-organization, the organization, their addresses;
- Surname, name the creditor-debtor-citizen and citizen, their place of residence, date and place of birth of the debtor-citizen, and his place of work;
- Operative part of judicial act;
- Date of entry into force of a judicial act, date of issuance of the executive-sheet and time of presentation for enforcement.
Writ of execution issued by a judicial act, signed by the judge and certified by the official seal of the court. Compare your list with the wording of the executive resolutory (final) part of the solution. Pay particular attention to verify that the amounts specified in the decision, the amount of writ of execution, as well as the spelling of your data. Very often clerks of the court at discharge writs of execution mistakes in design. These errors can be identified by you, the bank, the bailiff, which can greatly complicate the procedure, cause a denial of enforcement of decisions in the first place, to lose such a precious time. According to Clause 1, Article. 1910 Federal Law "On Enforcement Proceedings" bailiff returns the writ of execution in case of inconsistency of its requirements Clause 8 of the Act, within 3 days. But in practice, this process may take much longer as a result of travel writ of execution on the offices of division of the Police and the courts.
2. According to part 1 of article. 6 of the Federal Law "On Enforcement Proceedings" from July 21, 1997 № 119-FZ (as amended. On January 10, 2003) Executive document, which contains requirements for judicial acts and acts of other bodies for the recovery of money may be sent claimants directly to the bank or other lending agency, if the collector's has information on existing accounts where the debtor and the availability of their money.
Such information may be you know in advance (if the organization - your recent debtor and all banking details are unchanged from the moment your business connections).
In case you do not know the debtor's bank accounts, then such information, you may contact the tax office, which is registered with the debtor. This right is defined by paragraph 3 of Article. 46 Federal Law № 119-FZ of 21.07.1997g. "On Enforcement Proceedings," Order of the MNF Russia № BG-3-28/23 from 23.01.2003g., The provision of information by tax authorities demanding payment, approved by Order of the Tax Ministry of Russia from 23.01.2003 N BG-3-28/23.
To do this you need to send to the tax office by registered mail to the mail notification statement and a copy of the writ of execution duly certified. The statement should reflect the following: name and address of tax office to which you are applying, the name and legal address of your organization, contact phone number, which the court decided to collect from the debtor's monetary amount, date and case number, date and number of writs of execution; full name and legal address of the debtor with a reflection of the information that the debtor is registered exactly in the Tax Inspectorate, to which you are applying, and that you do not have data banks in which to open an account debtor, making reference to paragraph 3 Art. 46 Federal Law № 119-FZ of 21.07.1997g. "On Enforcement Proceedings" and ordered the MNF Russia № BG-3-28/23 from 23.01.2003g. The tax authority within three days shall inform you as the claimant information on whether the debtor's accounts in banks and other lending institutions with a transcript species accounts.
Having received the necessary information you send to the bank original writ of execution with the application the application for the recovery of funds from the account or statement in duplicate orders requesting compilation of the collection order and debiting the funds from the account debtor on account of a claimant. The statement must specify:
- The name of the bank in which the expense of the debtor;
- The name of the creditor showing all necessary details (TIN, address, telephone number);
- An indication of the amount (in figures and words), identical in writing writs of execution;
- An indication of the debtor's bank account from which should be deducted the amount levied, organizational and legal form, name, TIN;
- Foundation, executive document;
- An indication of a claimant's bank details.

Of a claimant may apply to the bank or through a representative, whose authority must be executed power of attorney or contract. In this case, the documents should be attached, respectively, a copy of the power of attorney or contract. Both copies of the application must be signed by the claimants or their attorney directly in front of a bank employee. Each copy shall bear a mark of acceptance of the bank statement showing the date, signature of the responsible manager of the bank and the bank stamp. A copy of the statement returns the claimant and the other with the writs of execution remains in the bank.

Within one business day after receipt of the bank is obliged to draw up a collection letter, and then for another two days to transfer specified in the court injunctions funds to the recipient. Bank within three days if the account debtor's funds sufficient to meet your requirements, must transfer a sum of money indicated by requisites. If the account debtor has no money or have money, but in a lesser amount from the stated your requirements, the bank in accordance with paragraph 2 of article. 6 of the Federal Law № 119-FZ of 21.07.1997g. "On Enforcement Proceedings" makes a mark on the full or partial non-performance of writs of execution and returns it to you. Pay attention to the existing order, because sometimes these agencies are not in addition to debt recovery from the debtor has violated terms of performance.

Some banks, trying to maintain good relations with the client, often guided by the principle of "Customer's interests are primary." It may do a disservice to: Bank warns Debtor of acceptance of executive documents, and thus makes it possible to "zero out" the account or leave it the minimum amount sufficient to meet your requirements, with subsequent placement of the balance amount on a card index to the account. In practice, this excludes the possibility of recover an amount, as in most cases, this account becomes "inoperative".
We strongly recommend that affix the time of application in the presence of a bank employee, in order to further proof, if after all the Debtor will be able to make credit and debit account transactions in this period.
That is, if the bank failed to meet its obligations: not to collect money from the debtor failed to make appropriate marks on the writ of execution, you have the right to file suit against the Bank for the recovery to be withheld from the debtor an amount not retained by the fault of the Bank, ie collect the debt in full from the bank (Article 91 of the Law "On Enforcement Proceedings"), as well as in accordance with Art. Art. 6, 1986 Federal Law "On Enforcement Proceedings" default contained in executive document shall constitute grounds for the imposition of the court on the bank a fine of 50% of the amount subject to recovery, but according to Clause 1, Article. 332, n. 1, Art. 119 APC bank failure judicial act of the arbitral tribunal to recover money from the debtor is a ground for imposing a fine of 1000 MW.

If the debtor is a budgetary institution, the writ of execution in accordance with the RF Government Resolution № 143 of 22.02.2001. should be sent to the department (management) of the Federal Treasury, which opened the personal account of the debtor. Debt Treasury is also carried out within three working days.

Path 2: Implementation of enforcement proceedings through the bailiff service:
Recovery of adjudicated property / monies given by a more efficient compared with the above, since the possibility of a bailiff for recovery of debt is much wider.
Bailiff Executive in accordance with Federal law № 119-FZ of 21.07.1997g. "On Enforcement Proceedings" has the authority to collect the debt from the debtor, not only through the banking institutions, but also to foreclose on the debtor's funds in foreign currency in terms of debt in rubles (Article 47), to foreclose on the debtor's property, located at the others ( Art. 48), to foreclose on the mortgaged property (Article 49), to foreclose on the debtor's cash-organization (Article 57), to foreclose on the other property of the debtor-organization (Article 58).

Writ of execution with a copy of the court sent you to the bailiff service, located on the debtor's location. Upon receipt of these documents usher in a period of three days shall order the institution of enforcement proceedings by sending copies of the regulations no later than the next day to you, the debtor and the court. In its ruling, the bailiff gives the debtor the opportunity to volunteer to fulfill your requirements within five days. If the debtor after the proposed deadline would not voluntarily repaid the debt or failed to take steps to resolve the debt collection with you (art. 18 of the Act), the bailiff goes to coercive measures.
Levy of execution on the debtor's cash
Cash in rubles and foreign currency that is stored in the vaults of cash of the debtor-organization and located in a separate room of the ticket office or other premises of the debtor-organization, shall be seized immediately upon discovery thereof (Article 57 of the Act). Seized cash in rubles in the same day shall be a bank for transfer to your account in the amount of debt. The inspector, if necessary also taking steps to seize the funds of the debtor-organization, located on the accounts and deposits or deposited in banks and other credit institutions (Article 46 of the Act).
Seizure and sale of the debtor's property
If the debtor has no funds sufficient to repay the debt, the bailiff the claim on other property belonging to his right to property, economic management or operational management, regardless of where and irrespective of the actual use of it is (st.58 Act). Therefore, no later than one month after the decision about institution of enforcement proceedings, the officer should have time to arrest the debtor's property. At the same time he describes the property and prohibit the debtor to dispose of them. And if necessary, the bailiff may even restrict the right to use or remove property.
Seizure of property of legal persons shall be imposed in accordance with the order of foreclosure set Art. 1959 Federal Law "On Enforcement Proceedings": initially receivable, design objects office action. In case of failure recovery is drawn to the finished goods and other tangible assets, not directly involved in production. And only in the last turn recovered fixed assets, including real estate. Arrest and disposition of the property made in violation of the order of foreclosure may be declared illegal, the buyer can lose the acquired property, and to the claimant will be required to refund.
After the seizure of property subject to assessment. The bailiff, or itself makes an assessment, or in accordance with Article 41 of the 52 Federal Law "On Enforcement Proceedings" shall designate to determine the market value of the property specialist. Although some compensation specialist appraiser so great that the person demanding payment does not receive the money even after the sale of the property.
Next distrained goods sold. Has been in this specialized organization to which she is given two months (st.54 Act). Obtained after the implementation of the funds allocated in accordance with Art. 1977 Federal Law "On Enforcement Proceedings: Payable performing fee (a surcharge of 7% is transferred to the revenue department of justice and the federal budget) shall be reimbursed for executive action (the costs of assessment and implementation, keeping the arrested property). The remaining amount is transferred to the claimant. If the property and will not be implemented, then you may keep it for themselves.
Accounts receivable from the debtor and its implementation
Sell for the debts can not only property but also the debtor's receivables. This follows from the RF Government Decree N 516ot 27.05.1998 g. In this case, the bailiff is guided by the Interim Guidelines on the arrest and disposition of the receivables, approved by Order of the Russian Ministry of Justice N 76, 03.07.1998 During the arrest, the police officer describes the receivables, and sometimes withdraws the supporting documents (eg contracts, acts of reconciliation mutual settlement, the documents confirming the delivery of any service). Accordingly, the debtor may not itself sell their receivables. To implement it will be a specialized organization - at a public auction.

In accordance with Federal law "On Enforcement Proceedings" Bailiff to collect the amount due within two months after it received the writ of execution. However, even if after two months, and you never came to money, the police officer is obliged to continue its work.
In addition, you are entitled to appeal the court acts or omissions of bailiffs. This right is provided by Art. 90 Federal Law N 119-FZ. The deadline for filing a complaint - 10 days from the date of the action (or refusal to act).

Thus, choosing one or another way of penalty awarded by the property / cash, it is important not apply to the procedure formally or fully rely on the implementation of this work by the authorized bodies. By controlling the process and keeping all the nuances, you can get without any problems due to your property or money.

fourth stage - implementation of the program for the recovery and PR-support enforcement.

When the program drawn up recovery, you must proceed to its implementation. This important are issues such as:

1) Select the message source. Proposed scheme for debt repayment and the message of legal threats can come from the debtor, collection agency, lawyer or even a specially created organization. The most appropriate option is determined by features of the situation. For example, when in response to the beginning of recovery is possible to use administrative resources, the creditor appropriate distance from the process of collection (up to the sale of debt), and the interaction with the debtor is on behalf of a specialized organization. In other cases, when, for example, is reaching compromises and complex schemes of debt, the presence of the creditor is often necessary. Separate very interesting opportunity to recover the debt is to start the special joint projects aimed at addressing the debt problems (the press conference "Dishonesty in business) debt collection agency intelligence-C (Ekaterinburg), the project debt in Construction Development Center kollektorstva etc. ).

2) Determination of the presentation of the threats and repayment of debt. It is about how information is communicated to the debtor: orally (by phone or in person), writing (fax, email, etc.). Experience has shown that often start communicating with the debtor better with written notification of the beginning of recovery, because it shows a well conceived program of repayment, narabotannost some mechanism. However, to ensure that the notice is received and reviewed a short-term (3-4 days) is to call the debtor.

separately should be noted that the threats and repayment of debt is better perceived when they are not described, as shown in the form of draft documents: contracts, press releases, complaints, letters, payment schedules, etc. From the psychological point of view are often potent stories about really carried penalties of bad debts in similar situations, or even complex metaphors, analogies between debt collection and other processes.

3) of the sequence representation of threats and advice to the debtor. The program of recovery should be provided for a sequence when a first notification containing, on the one hand, most general possible threats, and, on the other hand, clearly show the knowledge of two or three key points for the debtor should be in the description of several approaches, demonstrate and implement all set of threats.

usually used at the beginning of the most powerful but least costly for the creditor threat (dissemination of information, etc.) and then used threats, showing the transition to PR-support of legal activities that the debtor had the idea that debt sooner or later, one way or another will be charged. Depending on the type of bad debt at the stage of transition to legal methods of relevance may be different actions. For example, if you missed the statute of limitations, it is important to try to get an act of reconciliation of debt (supposedly for cancellation) or any other document, allowing to recover a missed statute of limitations.

described moments represent a manifestation of Humanities and legal technologies (PRava), ie Connections humanitarian technologies (PR) and methods of jurisprudence. Such a synthesis is manifested in the use of information threats bystrodeystvennyh strictly within the framework of existing legislation, as well as the fact that most clearly describes the debtor may not have considered his own prospects for the application of civil and criminal law. For example, a few unscrupulous individuals, and heads of organizations believe in the possibility of application in respect of his art. 177 of the Criminal Code entitled "Unlawful evasion of payment of accounts payable. However, in practice, its position may change when he learns that apart from applying to the police, collection agency provides news coverage of scientific and consulting support investigations, ie law enforcement agencies will find themselves in a situation where, on the one hand, their incompetence can find out through media reports and point to inform the leaders, but on the other hand, they receive the proper description in terms of theory and practice of education act, supported by the local authority of the legal institution . Such PR-support of legal activities, as we have already noted, it is particularly important for the recovery of bad debts.

from consideration of the algorithm recovery proceed to describe some typical problems encountered in working with hopeless "debitorkoy" and ways to address them:

- Unexplained resistance.

efficient collection often prevents retraction of the debtor in the series resistance, where he often spends very heavily and can not stop even been useless competition. This is a very Russian trait - resistance, even when it is not rational. The solution to this problem is largely associated with the fact that, firstly, to prevent the debtor from the beginning to make unaffordable promises , and, secondly, predict for possible resistance, just to show readiness for such developments and consequences to which it may lead.

- emotional involvement.

In many cases, debt collection prevents emotional attitude towards this process, which usually manifests itself in two variants: anger and even rage against the debtor or, conversely, empathy with him. This emotional involvement could be overcome by holding the view of the collection process from a different perspective. In neuro-linguistic programming (NLP) is called the "third position perception." View from the assesses the causal relationships between actions to recover and reaction to them, forecasting developments, etc. Separately, we note that the position would be on hand, cover the existing regulations or enforcement program is often necessary to provide security (the debtor should understand that your place can come to another singer, and recovery will continue).

- dumping a lot of threats and the inadequacy of the amount of debt.

This error occurs quite often. In the first notification of the beginning of recovery, rather than indirect and most common threats to demonstrate knowledge of key points, indicates a great detailed list of possible actions (information and legal). The list includes, as a rule, the ordinary and not adequate given situation the threat to the prosecution and other law enforcement agencies to report information to all and not only the key contractors, dissemination of information through the media (often defy even mention the specific editions). This creates a situation where the debtor, looking at this list of threats, understands that some of them are not dangerous for him and begins a more relaxed attitude to the rest. While in some cases, such detailed notice and work, but better to use them, weighing the possibility of real or symbolic realization of each threat, when the first notice not work.

Also there are situations where the debtor believes that a large amount of debt is not enough to make against him taken serious action. In this case, appropriate justification and disproportionate debt collection program so that the lender is important to attract the very fact of the debtor to justice, and it creates the informational and legal precedent to prevent debt problems in the future. Such a secondary benefit of debt collection is often important when the main objective - the return of funds can not be achieved. In some cases, recovery of bad debts becomes a kind of unusual PR-company to the creditor and the collection agency (this may simply draw attention or create the image of the hard collector "such as formed, for example, from Microsoft to protect its intellectual property rights) .

- Unsubstantiated concessions to the debtor.

Often during the implementation of properly composed of the program recover bad debt situation arises when a debtor agrees to pay, but consistently, "recaptures" the various assignments (longer maturity debt, the ability to pass the regular fees, etc.). The difficulty often stems from the fact that when the debt is repaid in part the realization of all the threats that forced the debtor to pay is not justified. To solve this problem we need to maintain a detached view on the process of recovery and, if necessary to clearly demonstrate to the debtor, that the threats may still be realized, because This requires a special program developed sanction or regulation of debt collection activities. It may also help the division of roles, when you tell the debtor that the realization of threats insists lender and you will be forced to implement this instruction, even if you think its not fully justified.

Naturally, the lender may go for reasonable concessions to the debtor, which are aimed at more efficient recovery, but they must not be imposed by the debtor.

In conclusion of the article would like to note that work on the recovery of bad debt can be very creative and profitable. There is a very interesting example, when a well-known Swiss lawyer Werner Shtauffaher in the 90 years, first took up the collection of seemingly bad debts arising due to the division of Germany to West Germany and East Germany, and earned it more than 2 billion francs.

I hope that after reading this article you will agree that not every debt that looks hopeless, so is the view of the bad debt can be contrasted to the use of new technologies recover.

Impossible - it not a fact, it is only the view
advertising slogan Adidas

Bad debts - this is a problem particularly relevant for Russia, because changes in the economy and politics, the era of primitive accumulation, crisis and the Russian mentality simply creates many situations where conventional methods long time. This article will explore new opportunities for the recovery of bad debts both from individuals and from entities [1]. To understand what features are new, and which debts can be far from hopeless, consider what is meant by conventional methods of debt collection.

There are several blocks of conventional methods of debt repayment. The first block - the most commonly used: self-study for the reminder of the need to repay the debt, going to court (arbitration or district, as often in arbitration), appeal to law enforcement agencies (most often, with allegations of fraud), in addition, quite normal inaction of law enforcement bodies can sometimes cause the flow of unsystematic complaints (from the prosecutor's office to the Presidential Administration and the media). The second block are rarely used methods: reference to criminal elements, the use of corrupt opportunities (appeal to "friends" from the Ministry of Internal Affairs, FSB, etc.). These methods in many situations do not bring the expected results or pose additional risks and costs. Interestingly, in the present society of the effectiveness of illegal, including corruption, ways to promote the debtor, but these opportunities are not transparent and may lead to a symmetrical (crime against crime) or asymmetric ("their" police against crime) resistance.

So, we briefly examine the conventional methods, we can say that without hope in everyday life is often called the debt, which are thus not recovered. Let us consider the typology of bad debts. Types of debts can be distinguished according to the following reasons hindering the collection:

1) The real debtor has no money or property to pay off the debt at the moment.

2) confidence in the debtor that the creditor can not impose punishment on actually available to the debtor cash and other assets because of the following circumstances:

1. concealing assets (they are de facto the debtor, and de jure to other persons);
2. administrative resource or his "patrons" (in our practice were complex cases recovering money from members of regional parliaments, regional oligarchs ", etc.);
3. lack of creditor information on the whereabouts of the debtor [2];
4. long distances, language barriers, etc. (This situation is often foreign debt);
5. other circumstances (pass the statute of limitations, lack of documents confirming the debt, etc.).

Based on the typology of bad debt, it becomes clear that during the recovery to work with a real opportunity to pay and / or motivations of the debtor. Algorithm penalty in these cases may be almost identical, but with emphasis on different stages. Thus, we describe the most common sequence of actions to recover bad debts:

first phase - expansion of ideas about a problem situation, the study of systems in which the debtor is enabled.

This stage is equally important for both work and with the possibility of (expanding the circle of persons, by which the debtor could pay voluntarily or involuntarily), and the motivation (there are relations for the conservation of which the debtor is willing to repay the loan).

Expanding the vision of the debt problem involves finding connections between different persons. It is important that attention is drawn not only on the legal, formal ties, but also to information, economic, managerial. For example, often within the holding organization legally independent and do not meet the debts of each other, but they are linked economically and information, so the threat to the reputation of a company is taken seriously the leadership of the group, not the company itself.

As practice shows, the key, ie important for the debtor, the points for the information impact on the organization may be public authorities, suppliers and customers of the debtor, associations to which he belongs. In recent times, if an organization is a Chamber of Commerce, it is quite effective threat of exclusion it out for non-ethics, backed up by more media coverage of this process. Since individuals are often effectively have an impact on relatives, business partners, etc. It should provide not one but several key points, and effective way to do this may be a "brainstorming" when you are first, not criticizing throws as much as possible options, and then selects them useful.

second stage - modeling the behavior of the debtor.

It is important to provide what actions are required from the debtor and related persons to whom you are working on. This stage is particularly important when you are looking for an opportunity for the debtor to return the money. In fact, often we can go about creating a chain of tests, which were used to solve the problem of defaults in the 90 years.

Modeling, of course, is conditional, but it is necessary to understand whether general, within the law to achieve the goal. I had a case where a client applied for a recovery of the debt with the organization, which was in bankruptcy, I found the key points and set the message for a legitimate influence on the founder of this company, but to get the money we would have to circumvent other creditors, and this illegally (Article 195 of the Criminal Code).

This stage is easier when the main task to motivate the debtor to the return of funds, if the debtor has no real chance to repay, it is often necessary to build a fairly complex schemes. Topical may be finding buyers interested in the assets of the debtor or wishing to acquire rights to claim it. Naturally, the proposed scheme the debtor must be economically justified, not to go beyond the requirements of the legislation.

Modeling the behavior of the debtor's also very important for the security recovery. If there is a possibility of any dangerous reactions (giving a false statement of extortion, the use of administrative resources, threats, etc.), it is necessary to prepare for defense. Often the best remedy appears the media coverage of the collection, in which any opposition can be brought to the public or certain key individuals.

third stage - the opposite logic recover.

If the debtor's behavior is modeled, it can be desired (a refund, the conclusion of the transaction, etc.) to present as a consequence of and understand what actions, events can be causes of such behavior. Naturally, the better you know the system, which are those to whom you are working, and their personal characteristics, the better will be the impact.

This stage is especially important to work with motivation, because on the basis of the inverse logic, a system of threats, which stimulate the debtor to return the debt. Furthermore, threats are evaluated in terms of efficiency, in terms of the legal boundaries of possible behavior.

threats - it is always informational influence, even when there is a demonstration of possible adverse effects in the form of, for example, visit "ushers in muddy boots. The contents of threats depending on the reasons for confidence in the debtor's inability to recover may be as follows:

- description of the possible dissemination of information on the availability of debt, during the recovery and its impact on key points. To meet the requirements of the law (Article 129 of the Criminal Code "Slander", etc.) should be disseminated only appropriate information.

- representation of the legal consequences of exposure (frequently backed by PR-support to integrate complex and "dead" rule of law - art. 177 of the Criminal Code "Deliberate evasion of payment of accounts payable, art. 171 of the Criminal Code" Illegal Business ", and t . etc.).

Given that the threats are for informational purposes only removed the complexity associated with the distance between the debtor and a specialist in the recovery. The author was in Moscow managed to recover in various parts of Russia (Krasnoyarsk, Sochi, Ekaterinburg, Surgut, etc.), but now is a series of penalties in foreign countries in which there is only a problem of translation of the messages.

On the basis of the inverse logic creates a program of recovery, which includes applied in different sequences of the threat, the alleged scheme for solving the debt problem and advice to the debtor. The program of recovery is usually possible to distinguish two big blocks: Information (PR) and legal. This law, once it comes to bad debt associated with the use of complex and usually do not apply.

fourth stage - implementation of the program for the recovery and PR-support enforcement.

Before answering the question posed in the title of article, let us look at what circumstances society should increase the authorized capital (CC).

The increase of the Criminal Code as a requirement of legislation.

First, the Federal Law of 30 December 2008 N 312-FZ "On Amendments in the first part of the Civil Code of the Russian Federation and some legislative acts of the Russian Federation" (with amendments of 19 July, 17 December 2009) clearly defines that the authorized capital of LLC shall not be less than 10 000 rubles. That is, those societies that have charter capital of less than 10 000 rubles, should increase it up to the statutory level.

Secondly, if the company decided to engage in activities to which the law imposes special requirements. For example, a retail sale of alcoholic beverages. Requirements for minimum paid-up share capital for companies carrying out similar activities in Moscow - at least 1 million rubles, for companies small businesses of Moscow - at least 300,000 rubles ($ 4.1. Resolution of Moscow Government from 28.12.2005, № 1069-PP).

Thirdly, to January 1, 2010 came into effect the Federal Law of 22 December 2008 N 272-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in connection with the improvement of state control in the field of private security and detective work" in terms of working capital requirements of private security organizations (must be at least 100,000 rubles) and the organization providing services to the armed protection of property (share capital must be not less than 250 000 rubles).

The increase of the Criminal Code as a requirement of the market.

Share capital increase may be carried out in the strategy of the company. First, because the company is liable for its obligations in the amount of capital, the more confidence among potential suppliers and customers call the company with a solid figure in the founding documents.
Secondly, a large share capital may be a plus in obtaining bank credit.

If listed, or some other reasons, the participants decided to increase the authorized share capital of OOO, the procedure shall be as follows.

1. Making your decision. Reporting the general meeting of shareholders decided to increase the share capital. The protocol must be specified by the Criminal Code which will be increased. Federal Law of 08.02.1998, № 14-FZ (as amended on 27.12.2009), article 17 stipulates that "an increase in authorized capital can be realized by the company's property, and (or) due to additional contributions by the company, and ( or) if it is not prohibited by the company's charter, by contributions from third parties, taken in the society. The additional contributions may be made in cash or property. The decision was adopted by a majority (at least 2 / 3) of the company that participated in the meeting.
2. Pay increase of the Criminal Code should be implemented in 2-month period by making money on account or in cash of the organization. In case of payment of property issued the certificate of acceptance, transfer and initialed General Director of LLC and the person that make a property in the authorized capital. The transfer of property worth more than 20 000 rubles additionally accompanied by a pre-conceptual and an independent appraiser.
3. Making the results of increasing the Criminal Code. Not later than 1 month after the due date participants decide on the approval of the outcome of making additional contributions, according to a new distribution of shares among the participants, a new version of the statute (or a change in the statute). All of the above registered in the minutes of the general meeting.
4. Registration increases the Criminal Code. Not later than 1 month after the decision approving the results of making additional contributions should be submitted to the registering authority for the registration of changes to the charter in connection with a change of charter capital:
1. Statement on Form 13001, 14001
2. The decision to increase the authorized capital (protocol)
3. Decision on approval of new charter (protocol)
4. Charter in the new version (changes to the statute) and its copy
5. Request a copy of the statute (the changes to the charter)
6. The document on payment of state duty for registration
7. Paper copies of the charter on payment
8. Cash receipts and cash warrant (a certificate from the bank on making money in the authorized capital) or the act of sending / receiving the property (with the act of an independent evaluation, if any).

Within 8 days from the date of filing the necessary set of documents to registrar reviews the documents and issues (send to society) a copy of the statute, an extract from EGRYuL and Certificate of amending the charter.

Director-General can only verify the correctness of mapping a capital increase in the financial statements.

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