Chuiko Irina Timofeyevna

Chuiko Irina Timofeyevna

Managing Partner

Contacts:

Email: chuyko@smartandloyal.com

Background:

Baikal State University (former Academy of National Economy), Department of Civil and Business Law, 2004.

Language:

Russian, English.

Career:
  • ZAO Territoriya Prava (ROEL), 2004

  • NP Agentstvo Po Zashchite Prav Sobstvennosti (Property Right Protection Agency Nonprofit Partnership), 2008

  • Smart & Loyal Law Firm, 2011

Area of specialization:

Irina’s areas of interest and specialization are legal protection and recovery of assets in corporate conflicts, derivative suits (shareholders/members actions for damages caused by acts of the governing bodies of a legal entity), pursuing secondary liability on the company’s shareholders/members for companies’ debts, challenging of transactions; claims for damages caused by fraudulent deals, prosecution, coordination of lawyers’ activities in protecting the interests of victims of economic crimes;

Formalisation of partnership between independent business members (including, shareholders’ agreements), formalisation of redistribution of shares in joint businesses between partners, development and implementation of legal mechanisms, guarantees upon termination of activities between partners/withdrawal of one of the partners from the business;

Support for complex transactions with distressed asset, support for M&A, LBO and MBO transactions;

Over 12 years, Irina has been representing the interests of clients in the Russian State courts of all levels, including in the Supreme Court of the Russian Federation (shareholders’ and investment disputes), coordinating international litigations (jurisdictions of the United Kingdom, Cyprus), as well as internal audits and investigations.

Projects with Irina’s participation:

1

Protection of minority shareholder rights

Protection of minority shareholder rights (up to 35 % of shares) in the Russian joint-stock company in arbitration courts, challenging the company’s transactions made solely in the interests of the majority shareholder’s group of persons; holding the company’s director financially liable; institution of a criminal case and repurchase of shares at market value in favour of the client (the amount of repurchase of the share is about $4 million at the initial price of $500,000 from the majority shareholder);

2

Protection of interests of the private investor

Protection of interests of the non-resident investor — beneficiary of the Company — in the event of unfair acts of the Company’s management team (director and united minority shareholders) such as grabbing the business; development and implementation of the Company’s management system to mitigate the risks for the business beneficiary from the management team (the business value is over 5 million US dollars);

3

Development of a scheme for phased investments by partners in a new project

Development of a scheme and its contractual, corporative content to formalise phased investments of partners in a new project (total amount of investments by the partners is over 5 million dollars within 6 months) under the Russian Law, through entering into the Russian Company’s authorised capital and formalisation of the partners’ obligations to contribute funds to joint projects, with really working business mechanisms to ensure compliance with the agreements, including through concluding a notarial option agreements in relation to the Company’s shares, development and implementation of a mechanism of transferring the share in the company if a partner fails to contribute funds within an agreed timeframe, through a notary upon presentation of the agreed set of documents, without recourse to the courts. Development of a corporate system of management of the Company, which system will reflect the 50/50 arrangements between the partner, with the revolving offers to buy out shares in the event of stalemate situations, special voting procedure in the company and distribution of profits in the project;

4

Protection of interests in property disputes

Protection of interests in property disputes in the Russian courts concerning claims for unjust enrichment and termination of contract (corporate conflict of former business partners) based on a series of internal proprietary documents between partners, “corrected” by unscrupulous partners and submitted to recovery as binding as per artificially created obligations, the amount of the repelled claims is over 10 million US dollars, including in the Supreme Court of the Russian Federation, protection against aggressive enforcement proceedings;

5

Management of rights of claim against debtor

Management of rights of claim against a Russian debtor that owns real estate in the centre of Moscow (the rights of claim were bought out by Russian investors at the auction from an EC-based Bank in the course of the Bank's bankruptcy procedure (including due diligence procedure with respect to the rights of claim), arrangement of coordinated actions of a group of creditors, challenging of suspicious transactions of the debtor, recovery of assets, legal support for receiver’s activities, initiation of a procedure for bringing unscrupulous former shareholders of the company to responsibility for the company’s debts and losses, criminal prosecution in connection with attempts to illegal withdrawal of assets, interception of control over the Facility in the course of the bankruptcy proceedings, challenging of the debtor’s transactions, challenging the rights of claim artificially included in the register of creditors of the debtor, formalisation of transactions between the investors of the project in the jurisdictions under English law (Cyprus) for withdrawal from the project.