Herald
How Globas can help to recognize bankruptcy before it occurs
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In an unstable economy, it is important to recognize in advance the signs of bankruptcy of a company in order to avoid financial losses and cooperation with unreliable counterparties. Falling liquidity, growing debt, arbitration claims − all this may signalize the looming problems.
In the Newsletter, we will explore the key signs of possible bankruptcy, the distinction between legitimate and illegitimate bankruptcy, and the consequences of illegal bankruptcy. You will know how Globas helps to identify future bankrupts by analyzing arbitration cases, financial indicators and other important factors.

What is bankruptcy and how this process gets started

Bankruptcy is a procedure for declaring a legal entity or an individual entrepreneur as financially insolvent, in other words, unable to fulfill its or her/his obligations to creditors. The process begins when a company accumulates debt that it cannot pay off.
In Russia, the minimum amount of debt for initiating bankruptcy proceedings is RUB 2,000,000 for legal entities and RUB 500,000 for individuals.
Bankruptcy proceedings can be initiated by:
  • the debtor itself by filing an application to the Arbitration Court;
  • creditors, if the company has defaulted on payments;
  • the Federal Tax Service, if the company has substantial tax arrears.
After filing an application, the Court appoints a receiver who assesses the financial condition of the debtor, analyzes its assets and liabilities and takes measures to recover debts.

How other creditors get involved in the bankruptcy proceeding

After the initiation of bankruptcy proceedings, a register of creditors' claims is being formed by the Court. Any organization or person that has confirmed debts to the bankrupt can claim their rights to collect the debt. For this, they submit an application to the Court within the prescribed period. Depending on the stage of the process, creditors have rights to:
  • obtain partial or complete satisfaction of their claims at the expense of the bankrupt's property;
  • participate in the meetings of creditors and influence decisions on the future fate of the company;
  • control the actions of the receiver and possible attempts to withdraw assets.

Legitimate and illegitimate bankruptcy

Bankruptcy can be legitimate when a company is really unable to fulfill its obligations and undergoes the procedure according to the law. However, there are also schemes of illegitimate bankruptcy, when debtors deliberately withdraw assets, create fictitious liabilities or apply illegal debt cancellation schemes.
Illegitimate bankruptcy is divided into two types:
  1. Deliberate bankruptcy - when a company is deliberately driven into bankruptcy in order to avoid paying debts. For example, assets are withdrawn to related companies, artificial debt is created, and then bankruptcy proceedings are initiated.
  2. Fictitious bankruptcy - when a company declares itself insolvent, although, in fact, it has funds and assets to fulfill its obligations. This is to obtain debt deferrals, cancellation of obligations or avoid paying taxes.

Consequences of illegitimate bankruptcy

Russian law provides for serious sanctions for deliberate and fictitious bankruptcy:
1. Criminal liability (Articles 196 and 197 of the Criminal Code of the Russian Federation):
• a fine of up to RUB 500,000 or in the amount of the convicted person's income for a period of up to 3 years;
• imprisonment for up to 6 years (on a very large scale of damage).

2. Administrative liability (Article 14.12 of the Administrative Code of the Russian Federation):
• fine for the legal entities up to RUB 300,000.

3. Civil liability:
• cancellation of transactions aimed at deliberate bankruptcy;
• the duty to compensate the losses to creditors.

4. CEO disqualification:
• a ban on holding senior positions for up to 3 years.

Signs of future bankruptcy

Decrease in the company's liquidity level. If a company does not have enough current assets to cover current liabilities, this is the first red flag.
Worsening of the financial condition based on the analysis of ratios. Important indicators, such as ratios of current and absolute liquidity, financial stability and liability coverage ratio, make it possible to identify the worsening of the situation long before the crisis.
Growth of number of arbitration cases in disputes related to fulfillment of obligations. The presence of many debt collection claims indicates problems with solvency.
The appearance of active writs of execution for overdue debts, taxes and wages. If a company does not meet its obligations to employees and public authorities, this is a clear indicator of financial difficulties.
Excess of liabilities over assets. If the company's long-term and short-term liabilities exceed the value of its assets, this indicates possible insolvency.
Losses of previous years. If a company accumulates losses from year to year without taking remedial actions, this increases the likelihood of bankruptcy.
Growing debt load. If the debt load is constantly growing, and the profitability of the company falls, financial stability is threatened.

How Globas helps to identify bankruptcy in advance

Globas provides a set of risk assessment tools:
  • Analysis of arbitration cases. If over the past 1-3 years the company has an increasing number of claims for improper fulfillment of obligations, this can be a red flag.
  • Assessment of the level of claim load. If the company's liquidity is not enough to pay off claims, the likelihood of bankruptcy increases.
  • Financial analysis. Globas contains calculations of liquidity ratios, financial stability ratios, as well as Liquidity Index showing the company's ability to fulfill short-term obligations.
  • Study of financial statements. Globas allows you to analyze in detail the structure of assets and liabilities, identify excess debts over assets and accumulating losses.
  • Trends in financial ratios. Globas detects trends that signalize a worsening of financial condition.
Using Globas allows you to recognize in advance the financial problems of the company and make informed decisions. Monitoring of arbitration cases, financial ratios and Liquidity Index helps to avoid cooperating with problem counterparties and minimize risks.
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Herald
Screening of foreign counterparties with Globas: new challenges and standards
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In recent years, there has been a significant transformation in the publicity of data on companies registered in various countries. If previously most states sought maximum transparency of corporate information, providing free access to data on owners, shareholders and beneficiaries, today the trend has changed. More and more countries are restricting access to this information, which complicates the screening and compliance procedures.
This trend is largely related to global political and economic instability, increased international sanctions and geopolitical risks. Open data makes it easier to impose sanctions, so many states prefer non-disclosure in order to ensure internal security and protect their companies from external pressure. As a result, screening of foreign counterparties become more complex and require specialized tools and methods.
Understanding new challenges and effectively using available tools is the basis for building safe and reliable business relationships.

Screening standards for foreign companies

Screening of foreign counterparties is based on internationally recognized standards and best compliance practices. Key aspects include:
  1. Legal status and registration data: Confirmation of the fact of registration of the company in the commercial registers of the country of its registration. It is important to ensure that registration information is up to date, availability of licenses and permits necessary to operate. Checking registered address eliminates the risks associated with fictitious or unreliable data.
  2. Financial stability: Analysis of a company's financial statements helps to assess its solvency, debt burden and overall financial stability. It is important to examine both the financial statements and the dynamics of financial indicators over several years in order to identify possible risks associated with the worsening of the financial situation.
  3. Reputation and business history: Assessment of the company's reputation includes analysis of media publications, participation in litigation, including arbitration cases and corporate disputes. It is also important to take into account the feedback from business partners and clients, which allows to get a more complete picture of the reliability of the counterparty.
  4. Ownership structure and beneficiaries: Identification of ultimate beneficial owners (UBOs) and analysis of corporate structure help identify hidden links with other companies, offshore zones or sanctioned individuals. This is critical to comply with international anti-money laundering and counter-terrorism financing standards (AML/CFT) regulations.
  5. Sanctions lists and compliance: Screening of the counterparty for international and national sanctions helps to avoid violations of sanctions legislation. It is also important to take into account secondary sanctions and the risks of interaction with companies from jurisdictions with a high level of sanctions restrictions.
  6. Cross-jurisdictional risks: When dealing with foreign counterparties, it is necessary to take into account differences in legal systems, disclosure requirements and corporate governance standards. Analysis of the legislation of the country of incorporation of the company helps to identify possible legal restrictions and risks associated with the fulfillment of contractual obligations.
  7. Environment, Social and Governance (ESG): In modern conditions, more and more companies take into account ESG factors when evaluating counterparties. Checking environmental and social responsibility compliance helps reduce reputational risks and improve long-term business sustainability.
Information and Analytical system Globas offers effective solutions for comprehensive check of foreign companies, allowing to compensate for the lack of public data and reduce risks when doing business in the international arena. Globas provides the following tools:

Screening of a counterparty available in Globas subscription

Besides Russia checking for companies from Belarus, Kazakhstan, Kyrgyzstan, Latvia, Moldova, Tajikistan and Ukraine is available in Globas subscription. The data includes factors 'Require attention', the possibility of checking managers, shareholders, beneficiaries, assessing sanctions risks, the availability of licenses, data on branches, subsidiaries, affiliates, information on inclusion into various lists, financial indicators and financial statements, legal proceedings in the Russian Federation, etc.
For companies from Belarus, Kazakhstan and Kyrgyzstan, data on planned and extraordinary inspections carried out by supervisory authorities are additionally available, which is important for analyzing the identified violations and assessing potential operational risks.

Information on companies worldwide

Online report can be ordered for more than 527 million companies from Europe, America, Africa and the Asia-Pacific region. Basic information about companies worldwide is provided.
For a more detailed check, you can place an off-line order for fresh investigations, which are prepared by Credinform experts. Offline reports contain key data, including registration data (date of registration, number, status), contact details, data on management, shareholders, types of activities, authorized capital, financial statements if available, banks, etc.
Additionally, our experts screen for the following data:
  • affiliated and subsidiaries in the Russian Federation;
  • legal proceedings in the Russian Federation, enforcement proceedings in the Russian Federation;
  • certificates and declarations of conformity issued in the Russian Federation;
  • entry into the sanctions lists of Russia, the USA, the EU, Great Britain and other countries.

Online check of companies from China

You can quickly find and receive detailed information about companies from China within 1-2 hours. Globas instantly provides basic information, and if necessary, you can place an order for detailed information directly from the search results.
The service provides a number of advantages:
  • free search and viewing of basic information about companies in real time mode;
  • extended data in in the reports, including information on litigation and enforcement proceedings;
  • up-to-date financial statements, which is especially important for assessing the reliability of counterparties;
  • data is available on all companies from China, including newly registered ones.

Legal Risk Reports on foreign companies

Legal Risk Reports for companies registered in Bahrain, UAE, Oman and Saudi Arabia are available. The reports include data on litigation (parties, court, amount of claims), bankruptcy and liquidation information, corporate events (change in authorized capital, change of name, cancellation of license), as well as information on registration of real estate pledge.
Globas helps to effectively overcome the limitations associated with the shortage of public data, providing a comprehensive compliance check of foreign counterparties. Use Globas to increase trust and reduce risks when building international business relations.
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Credit reports on foreign companies

Thanks to a wide network of partners, Credinform provides information about legal entities and entrepreneurs around the world on all continents: from multinational corporations to offshore companies and individual entrepreneurs. To verify the solvency of the company, to identify the owners or to check the fact of registration in an offshore zone – our experts will provide comprehensive information and a competent resume.

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