Cytowski & Partners
Aug 10, 2018 · 13 min read
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The role of a lawyer - attention to conflict of interestMoving for "big water" should not be a dreaming venture and entrusting it to a good lawyer is definitely a guarantee for a quick passage of legal formalities. It should be remembered that the establishment of a new company, and in particular the transfer of a foreign company existing, is not an administrative act, but a sensitive business transaction, and it is inappropriate for the same lawyer to represent the interest of both the investor and the company founders in the company. This is due to the fact that transactions usually lead to potential or actual conflicts of interest between the company's founders and the investor, despite the lack of bad will. Also, several founders and shareholders of the company should not, as a rule, be represented by the same lawyer when transferring to the US, because their interests are not necessarily coincidental in this situation. If the "founders" want to take a risk for various reasons, they will have to sign the so-called "Waiver", in which they declare, among other things, that they are aware of a potential conflict of interest and accept all the consequences that could occur from them being represented by the same person.

Cytowski & Partners

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Law firm specializing in startups, series A and US expansion. No legal advice I No attorney client relationship I Attorney advertising

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