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4.12.2023

Supporting the purchase of a large batch of car carriers

Project manager:

December 4, 2023

Supporting the purchase of a large batch of car carriers

Project description

Taking into account the fact that a significant part of foreign business ceased operations in 2024, a large niche of services has become vacant on the Russian market, the demand for which has only increased. One of the activities that became most popular with the departure of some foreign companies was the transportation of cars, both from China and within Russia. Our client, a large logistics company, decided to expand its business and purchase more than a dozen car carriers worth about 200 million rubles.

BBNP specialists supported this transaction and provided the client with full consulting support. In particular, in the process of providing legal services, vehicle documents were checked, an agreement for the purchase and sale of car transporters was prepared, the register of mortgaged property was checked, consultations were held on opening a letter of credit and resolutions were drawn up by foreign participants to approve a major transaction. In such projects, it is very important to confirm that there are no encumbrances on the object of purchase and potential claims from third parties. If insolvency (bankruptcy) proceedings are initiated against the seller company, all its transactions that seem questionable to the manager or were not carried out at market prices may be challenged. Moreover, collateral lenders may claim the collateral from the property of a bona fide purchaser.

Court practice obliges the buyer to check whether the property is pledged by third parties, but takes the side of the mortgagee in the vast majority of cases. You can check the register of mortgaged movable property yourself on the Notary Chamber's website, but as an official document confirming that there are no encumbrances, you must obtain an appropriate certificate from a notary. In addition to this certificate, it is important to check the counterparty himself, request constituent documents, confirm the powers of the manager and signatories of the agreement, check the accounting and tax reports as of the latest date, as well as factors that may raise doubts about the stability of the counterparty's activities: frequent change of manager for the last half of the year, a change in the company's members, a significant reduction in the number of employees, an increased number of courts where the counterparty is the Respondent, etc.

As a result of the active work of BBNP specialists on this project, the Client received the necessary advice, after which he refused to cooperate with one of the potential sellers of car transporters and successfully purchased the vehicles he needed with minimal risks from a much more reliable supplier.

Project team

Maxim Barashev
Managing partner
Corporate practice, Litigation, Investment projects