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Debtor asset tracing services

For more than 20 years, ‘AT Law Firm’ has considerable experience in:

  • Judicial collection of debts (including bank debts),
  • Enforcement of court judgements in foreign jurisdictions,
  • Searching for debtors’ assets,
  • Obtaining court orders to disclose information on debtors’ assets,
  • Imposing interim measures and foreclosure on debtors’ property in foreign countries.

For asset search purposes, we engage and have experience of successful work with specialised international and local agencies such as Kroll, Mintz Group, G3, and others. We work with first-class local law firms and agencies for the purposes of asset searches in Cyprus. Once we have confirmed the existence of assets in the relevant jurisdiction (based on asset search reports), we will usually organise the preparation of interlocutory applications to the local court to:

  • Take broad interim measures to assist the claimant in obtaining information and documents about the debtor’s assets without the debtor himself or his representatives (Norwich Pharmacal Order);
  • Prohibit the defendant (without prior notice and/or court authorisation) from taking any action (including corporate actions) in relation to the disputed assets in order to fix evidence that may be destroyed (Anton Piller Order);
  • Obtain classical encumbrances in the disposal of debtors’ assets (Mareva Orders) and others.
Case example of actions in Cyprus

In the event that a Russian court judgement has already been rendered against the debtor and has entered into legal force, a request for recognition and enforcement of the Russian court judgement must be submitted to the local court in Cyprus for enforcement in Cyprus, in accordance with the 1984 Treaty on Legal Assistance in Civil Criminal Matters between the USSR and Cyprus. Such a request must be accompanied by a notarised translation of the Russian court judgment and a certificate of entry into force of the judgment, as well as proof of notification to the other party.

Examples of projects

Debtor asset tracing services

Defending the interests of a Russian entrepreneur, a creditor under debt obligations issued by a foreign company and secured by a personal guarantee of the owner of a large financial institution (the debtor), who, following an inspection of that institution by the Central Bank of Russia, moved to Cyprus and is evading the claims of its numerous creditors. We conducted an initial analysis of publicly available information and, after identifying the range of jurisdictions in which the guarantor’s assets (and possible ownership structures) might be located, we engaged international specialised firms to search for the assets. The firm selected at the end of the tender analysed and identified both the assets and their ownership structures. Arbitration proceedings to recover the debt are currently underway.

Debtor asset tracing services

Represented an individual, a citizen of the Russian Federation, in preparation for a legal dispute on divorce and division of joint property of spouses with a wealthy Russian entrepreneur. We established the ownership structure of the key assets and profit centres of the business and ensured documentation of the chain of corporate control up to the top-level holding companies established in the BVI. Our chosen BVI law firm brought an action on behalf of the client seeking a court order for compulsory disclosure of the ultimate beneficiary (a so-called Norwich order). The court granted the claim and ordered the provider to disclose all information from their files, including the identity of the ultimate beneficiary, and not to disclose the disclosure (and the litigation itself) to the beneficiary.

Debtor asset tracing services

Defending the interests of an individual in an asset disclosure dispute about the corporate ownership structure of a business in a US litigation. The client, a Russian individual, was involved in divorce proceedings and a dispute over the division of the spouses’ joint property in a Russian court. In the course of the dispute, the plaintiff’s representatives claimed that she was awarded shares in foreign companies that did not belong to the client, claiming that he was allegedly their ultimate beneficiary, which was not true (the client was related to these companies, but in a different role than the ultimate beneficiary; their beneficiary was the client’s business partner). Having selected and hired a US law firm for the client, we organised the protection of the client’s interests in the process, including the provision of correct information and documents by the service provider’s employees during the disclosure.

All cases
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