Conflict of interest is an important and often overlooked issue that many businesses face. Conflict occurs when an employee's personal interests conflict with the company's interests, which can lead to unethical practices and corruption. Understanding how to identify and manage such conflicts is a key to maintaining a healthy work environment and business stability.
Checking whether an employee has a business: direct and indirect ownership
The first step in avoiding conflict of interest is to verify that a potential employee has their own business. This may include both direct and indirect ownership. Direct ownership means that the employee formally owns the business, while indirect ownership can be through beneficial ownership in other companies, or through trustees and relatives.
If there is direct or indirect participation in a legal entity, it is necessary to check the status of such organizations, whether they are in the process of liquidation, reorganization, bankruptcy or termination of activity. You should also check the person for being a shareholder or a manager in multiple entities. However, it is important to take into account that the Federal Tax Service does not currently maintain a register of companies that have a “manager in multiple entities” or a “shareholder in multiple entities” attribute. According to the Federal Tax Service, participation of a person in several legal entities in itself does not indicate a violation of legal requirements. In this case, it is recommended to study them separately to assess the risks when choosing counterparties.
You can check direct and indirect ownership, as well as establish connections between different persons using Globas. The Individual Profile provides detailed information about the requested person participating as a manager or a shareholder of legal entities as well as data on indirect beneficial ownership. And with the help of Links,
Globas will help to clearly establish a chain of relationships between the requested person, his or her relatives and related parties.
Checking tax number (INN), debts and fines
When checking data on a person’s tax number (INN), you must perform the following steps:
1. Make sure INN is correct and up to date
Invalid or incorrect INN can lead to negative consequences for the company and its counterparties, especially if a potential employee is being considered for a management position.
2. Check if a person is registered as self-employed
Regular monitoring of employees’ self-employed status is necessary to avoid additional assessments of contributions and personal income tax. Self-employed employees may be unscrupulous, for example, they often do not provide checks. In such cases, you can contact the Federal Tax Service directly. In other controversial situations, you should apply to a Court of General Jurisdiction, since the Arbitration Court does not consider disputes with self-employed people.
3. Check whether there are interim measures of the Federal Tax Service regarding movable and immovable property
These measures are taken to preserve the taxpayer's property, which can be used to pay off tax debt. If a potential employee has such restrictions, it may indicate financial problems or significant tax debts, which in turn may affect his or her reliability and business reputation.
4. Check the suspension of account transactions, tax debts, court debts, fines and state duties
This checking is necessary to obtain a complete picture of the financial condition and legal status of a potential employee. This data allows you to assess the possible risks associated with hiring and to understand how reliable and conscientious the candidate is. For example, significant debts or fines may indicate candidate's financial difficulties, which could negatively impact their performance and ability to make responsible decisions, while legal debts may indicate legal problems that could affect the company's reputation or create additional risks.
Globas allows you to check the tax number (INN) for invalidity, determine the status of a self-employed person, and also receive statements about the presence of interim measures, suspension of account transactions, tax and court debts, fines and state duties.
Checking arbitration cases, enforcement proceedings and cases in Courts of General Jurisdiction
Checking arbitration cases, enforcement proceedings and cases in Courts of General Jurisdiction when hiring personnel is critical for the following reasons:
1. Identification of legal problems: Checking legal cases reveals whether a candidate is involved in legal disputes. These may include civil suits, commercial disputes and other legal proceedings that affect its work and reputation.
2. Financial reliability: Arbitration cases and enforcement proceedings often involve financial obligations, such as debts and outstanding loans, which may indicate financial instability of a candidate and potential risks for the company.
3. Ethics and integrity: Litigation, especially involving fraud, breach of contract, or other unethical practices, may indicate a candidate's lack of integrity.
4. Potential Conflicts of Interest: Candidate's participation in litigation may create conflict of interest, especially if the cases involve current or potential partners of the company. This situation may affect employee's impartial decision-making.
5. Reputational risks: Candidate's participation in legal disputes can negatively affect the company's reputation, especially if he or she holds a management position or is associated with key projects. Check allows you to avoid hiring employees who could damage the business reputation of the company.
In
Globas you can order extracts of a person for the purpose of being wanted for enforcement proceedings or suspicion of committing crimes, check the existence of any enforcement proceedings, as well as study arbitration cases and general jurisdiction cases with the possibility of obtaining detailed information about each case and relevant court decisions.
Conducting such checks allows the company to make informed hiring decisions, reduce legal and financial risks, and maintain a high level of trust and transparency in the team.
Searching for information about an employee in official registers
Searching for information about an employee in official registers is also an important step in preventing conflicts of interest. Check is necessary to comply with a number of legal norms, primarily 115-FZ, to ensure security and reduce the company’s risks. Main lists and registers that are important to consider when conducting a check:
- lists of terrorists and extremists;
- lists of foreign agents;
- sanctions lists;
- persons dismissed due to loss of confidence;
- disqualified persons;
- unfair suppliers.
With
Globas you can conduct a thorough check for the presence of the requested person in such lists, taking into account both the exact and possible matches of the person’s full name with the list.
Monitoring and surveillance
One of the main tasks is to minimize the risks associated with conflict of interest when hiring new employees. To achieve this, it is important not only to carefully select and check candidates, but also to introduce systematic monitoring of existing employees.
Regular employee monitoring using
Globas helps maintain transparency and quickly respond to changes that may indicate a conflict of interest. Creating lists to monitor key employees and setting up automatic alerts allows the employer to promptly identify potential risks and take the necessary measures.
Globas provides unique opportunities for searching and analyzing information about potential and current employees. Access to official registers and databases allows you to obtain reliable data on the business activities of individuals and legal entities, which makes the verification process more accurate and efficient. Globas allows you not only to identify direct connections between an employee and a business, but also to detect hidden interests that may pose a threat to the company.
Quick check of a business partner, contractor or applicant from reliable sources
Check is carried out in accordance with the law. Official information sources are used. An extensive list of parameters is examined: validity of passport and TIN; judicial and extra-judicial bankruptcy; prohibitions and restrictions on business activities; self-employed status; pledges; tax and judicial debts, fines; participation in arbitration processes; check in the records of courts of general jurisdiction; bringing to subsidiary liability; criminal investigation and much more.