ASSET TRACING

KIELTYKA GLADKOWSKI uses its specialization in asset tracing in:

  • Pre-investment due diligence
  • Dispute circumstances/legal discourse
  • Securing assets during or before court proceedings (interim orders / measures)
  • Contractual negotiations
  • Enforcement of legal decree/financial judgments/recovery orders
  • Asset tracing in insolvency / bankruptcy proceedings.

KIELTYKA GLADKOWSKI assists in legal identification of assets in Poland, such as:

  • Verification of asset ownership;
  • Verification of types of assets held;
  • Identification of owners / co-owners;
  • Identification of transfers of ownership in a given timeline.

KIELTYKA GLADKOWSKI helps in the following:

Choice of legal measures available to restore proper ownership and legal status of ownership:

– Court invalidation of resolutions of shareholders in Polish capital companies;

– Invalidation of sale contracts concluded to the detriment of creditors;

– Restoration of proper legal status of ownership in Land and Mortgage Register in Poland (also by entering notices about initiated legal actions in respect to the real property). 

Our legal services in asset tracing consist in:

  • determining family tree and identifying disclosed/ undisclosed entities structures for the proper determination of ownership of assets;
  • using information from public registers to assess the ownership of tangible assets;
  • verifying databases (public and restricted) related to credit defaults and charges / liens on registered assets;
  • verifying registers of real property to trace the changes in ownership, mortgages, contracts involving real property, limited real property rights;
  • assessing the notarial deeds having as their subjects the real property being the asset of the debtor;
  • analysing corporate relations and investments in subsidiaries;
  • determining ultimate beneficiaries of corporate entities.

We advise in the entire spectrum of white collar investigations and asset tracing in this respect, like:

– due diligence of debtors;

– financial investigation;

– verification of real property registers;

– open source records: available to the public;

– restricted sources of records where information is only available to law enforcement – we have access to this information due to attorney status and private investigator capabilities.

Our team of attorneys and private investigators (Private investigator licence (No. 0001582)) has the capacity to reach the information not available to the general public in respect of asset tracing:

More information concerning private investigator capabilities and services can be found on our page:

BUSINESS INVESTIGATIONS – PRIVATE DETECTIVE SERVICES:

As part of its activities, under Polish law, the holder of private investigator licence is entitled to take actions in matters relating to, among others:

searching for missing people and property,

collecting evidence in criminal and civil cases,

pursuing claims arising from legal relationships between natural persons,

combating unfair competition,

violating or revealing a trade secret.

KIELTYKA GLADKOWSKI in its asset tracing has access to:

  • Real estate records – buyer/seller information, property tax information,
  • Civil court records – information regarding bankruptcy proceedings, family proceedings, estate/probate records,
  • Administrative records
  • Licensing records
  • Patent records
  • IP records
  • Criminal court records
  • Bankruptcy / insolvency records
  • Bailiff tenders records
  • Building records
  • Companies / corporate records.

KIELTYKA GLADKOWSKI has access to financial documentation of corporate entities, which is used to trace assets. Such documentation provides insights into the source of the assets, whether the particular asset was obtained legitimately or illicitly, and the disposition of the asset.

Reports prepared as a result of asset tracing involve a thorough analysis of the following:

– asset acquisition;

– sources of income;

– information on shell companies, trusts, funds.

A separate part of asset tracing activity is related to crypto asset tracing:

  • use of blockchain analytics tools to track the wallet address and verification of the links to other personal information;
  • using analytic tools to track transactions recorded on the blockchain;
  • preparing documents for the so-called “blind lawsuit” for the purpose of using prosecutor tools to trace the crypto wallet addresses.

Legal support in tracing funds requires multidisciplinary experience, from which we know that in such cases, some practices of other specializations of the KIELTYKA GŁADKOWSKI team are important:

DATA PRIVACY AND DATA PROTECTION

PRIVATE CLIENT DESK

IMMIGRATION LAW – BUSINESS IMMIGRATION – POLISH PASSPORT

VENTURE CAPITAL AND PRIVATE EQUITY

AGREEMENTS AND CONTRACTS

CONTRACTS IN THE INTERNATIONAL TRADE – SMART CONTRACTS

ART MARKET

BUSINESS INVESTIGATIONS – PRIVATE DETECTIVE SERVICES

POLISH LIMITED LIABILITY COMPANY – LEGAL SUPPORT IN OPERATIONAL BUSINESS MAINTENANCE AND REPRESENTATION OF SHAREHOLDERS IN COURT

OFFSHORE COMPANIES – TAX OPTIMIZATION

DISSOLUTION AND LIQUIDATION OF CAPITAL COMPANIES

LITIGATION AND REPRESENTATION OF INTERNATIONAL CLIENTS BEFORE THE POLISH COURTS

CROSS-BORDER BANKRUPTCY IN POLAND

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