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ArticlesWhy You Shouldn't Give Up on Unrecoverable Receivables
Unrecoverable receivables often arise when a debtor lacks the financial means to settle their debts. In such cases, businesses may choose not to initiate legal proceedings, considering the debtor's insolvency. However, overlooking such receivables without evaluating civil, criminal, and tax implications may not always be the best course of action. Approaches to Handling Receivables Receivables management includes methods such as email reminders, certified letters, and formal demand notices, followed by debt collection procedures and legal actions. Typically, corporate disputes involve: Assessing the debtor’s financial status through a credit bureau. Initiating asset and receivables attachments. Filing a civil lawsuit. However, given the time and costs involved, businesses may decide against litigation or pursue settlements when the debtor is insolvent. That said, proper consideration of civil, tax, and criminal implications is essential in choosing the right course of action. Civil Implications Statute of Limitations: The statute of limitations for most business receivables is five years. Filing a lawsuit interrupts the statute of limitations, making it possible to enforce claims later if the debtor regains financial stability. If no legal action is taken within five years, the debtor can invoke the statute of limitations, rendering the receivables irrecoverable. Tax Implications Corporate Tax Deductions: The Corporate Tax Act allows businesses to deduct the value of bad debts if the debts meet specified conditions. However, the National Tax Service requires companies to provide evidence that they pursued all necessary legal actions, such as filing lawsuits, to recover receivables. Without such actions, even objectively unrecoverable receivables may not be deductible for corporate tax purposes. In short, to claim tax deductions for bad debts, businesses must provide objective evidence that all feasible recovery efforts were made. Criminal Implications Potential for Breach of Fiduciary Duty: If a business opportunity exists to recover a receivable, but the company’s representative deliberately refrains from filing a lawsuit, claiming insolvency or personal judgment, they could be held liable for breach of fiduciary duty. This could lead to legal consequences for failing to act in the company’s best interest. Recommendations To mitigate risks, it is essential to: Assess the debtor's financial situation: Investigate the debtor’s financial capacity and assets. Evaluate recovery costs and potential outcomes: Balance recovery costs against the likelihood of successful collection. Consider legal actions for statute of limitations and tax purposes: Ensure appropriate legal measures are taken to suspend the statute of limitations and substantiate tax claims. Factor in criminal liability risks: Avoid situations where negligence could be construed as breach of fiduciary duty. Even if receivables seem unrecoverable, pursuing legal and procedural steps can safeguard your business from further liabilities and help optimize financial outcomes.
2023-11-07 와우테일(WOWTALE) -
Media Coverage
'KOK Token' Investment Fraud Controversy, Reports of Damages Filed with Authorities in Korea, the U.S., and the U.K.
Reports of damages have been filed with overseas financial authorities regarding KOK Token, an operator that attracted investment funds by promising up to 20% rewards based on contributions for introducing investments to others after depositing virtual assets. Domestic police have also received complaints against the company and have begun an investigation. The number of known victims is estimated to be 900,000, with the total damages approaching 4 trillion KRW. Investor groups have submitted a joint statement with over 1,500 signatures to the police and have filed petitions with the National Assembly as part of their collective action. (omitted) The investor group recently submitted a joint statement with 1,582 signatures to the police and filed a petition with the National Assembly, signaling the start of collective action. A representative of the investor group stated, "We plan to gather more victims, draft a collective petition, and submit it to the police." Experts warn that businesses that encourage investment referrals while guaranteeing high returns are likely to be illegal pyramid schemes, so caution is necessary. Pureun “Ian” Hong, Managing partner at Decent Law Firm, explained, “It is crucial to understand the issuance and circulation of virtual assets. If the issuer holds a large amount of the virtual asset and can sell it at any time, general investors may suffer significant losses due to a sharp price drop.”
2023-11-03 biz.chosun -
Articles
Why Prompt Action Is Necessary When a Client Delays Payment for Goods
Causes of Payment Delays Payment disputes often arise when a client fails to pay for goods delivered as promised. A common reason for such delays is financial difficulty within the client’s company, potentially caused by poor economic conditions, failure to secure investments, or mismanagement of funds. Even in cases of financial distress, clients may still possess valuable assets, such as office deposits, machinery, or receivables from other companies. Therefore, when payment is delayed, it is essential to investigate what assets the client retains and identify their primary banking relationships. Legal Risks and the Statute of Limitations Payment claims for goods or services constitute a form of receivables, which are subject to a legal statute of limitations. If no legal action is taken within this period, the right to claim these receivables expires. Thus, it is crucial to initiate civil litigation to recover unpaid debts before the statute of limitations lapses. Overcoming Hesitations to Take Legal Action Businesses often hesitate to sue long-standing clients due to established trust or concerns about damaging future relationships. However, waiting indefinitely will not resolve the financial issue and may result in the expiration of your legal rights, leaving you unable to recover the debt. Statutory Limitations Under Civil Law According to Article 163 of the Civil Code, certain claims are subject to a three-year statute of limitations: Claims for monetary or property payments with a term of one year or less (e.g., interest, rents). Claims related to medical treatment, nursing, or pharmaceutical services. Claims for construction design or supervision by contractors and engineers. Claims for the return of documents held by legal or financial professionals. Claims related to professional services provided by lawyers, accountants, or similar experts. Claims for the price of goods or products sold by merchants or producers. Implications for Payment Claims The price of goods sold by merchants is subject to the three-year limitation period under Article 163(6) of the Civil Code. After three years from the date the debt arises, the right to claim payment is forfeited if no legal action is taken. While business claims under the Commercial Act are subject to a five-year limitation, the shorter period specified in the Civil Code takes precedence if applicable. Conclusion: The Need for Swift Action When a client delays payment, swift legal action is essential to protect your rights and recover outstanding debts. Delays can lead to the loss of your legal claim, especially in cases subject to shorter statutory limitations. Immediate steps, such as filing a lawsuit or initiating debt recovery procedures, ensure that your rights remain intact and prevent financial losses.
2023-10-05 와우테일(WOWTALE) -
Media Coverage
The Determination of Whether Cryptocurrencies Qualify as Securities Has Just Begun
A court ruling has been made that effectively does not recognize the securities nature of 'Ripple (XRP),' which ranks 4th in the total market capitalization of cryptocurrencies. However, as the court determined that Ripple sold directly to institutional investors has the characteristics of a security, the virtual asset market is entering another phase. The virtual asset industry warns that since the court accepted some of the U.S. Securities and Exchange Commission’s (SEC) claims, further disputes over the securities nature of other assets may arise. (omitted) Legal experts suggest that aside from the summary judgment, this lawsuit could turn into a long-term battle. Additionally, as investments from institutions are now considered securities, various negative outcomes may occur, such as virtual asset projects struggling to find investors. (omitted) Pureun “Ian” Hong, managing partner at Decent Law Firm, said, “Most virtual asset projects have grown by receiving initial investments from institutions. However, with this ruling, such actions may now be considered investment contracts, which could make it more difficult for many virtual asset projects to attract funding in the future.”
2023-07-17 biz.chosun -
Media Coverage
Rehabilitation or Bankruptcy?' Haru Invest and Delio Investors are Divided in Opinion
Investors are divided over how to recover funds from virtual asset financial services Haru Invest and Delio, which suspended withdrawals due to uncertainty. One side supports the rehabilitation process, while the other favors bankruptcy procedures. Rehabilitation takes time but ensures that at least a portion of the funds can be recovered. Bankruptcy allows for a quicker recovery process, but it carries relatively greater uncertainty. (omitted) Hyeonsu “Elliot” Jin, managing partner at Decent Law Firm, said, "Both Haru Invest and Delio have lost the trust of investors and seem unable to continue operations. It seems more suitable for investor relief to proceed with corporate bankruptcy, distributing debts in the short term rather than following a rehabilitation plan that could take a long time to pay back investors. However, if there is a possibility of rehabilitation, that would not be a bad option either."
2023-07-12 Digital Today -
Media Coverage
What is a coin referral?
Host: Han Chi-ho / Director of NBNTV Investment and Economic Research Guest: Pureun “Ian” Hong / managing partner at Decent Law Firm Q. First, shall we take a look at what a coin referral is? Referral marketing is a system where a third party introduces customers. When the third party signs up for the exchange, the referral code owner receives cryptocurrency rewards. New exchanges create codes for famous internet broadcasters for promotional purposes. By entering a "referral code," users receive transaction fee discounts. Q. What are the issues with coin referral marketing? It is used in cryptocurrency investment internet broadcasts, raising concerns about encouraging high-risk investments to viewers. Some exchanges pay a portion of viewer losses to the broadcasters. Q. Is there criminal liability in coin referral marketing? The conditions for establishing fraud (under Article 347 of the Criminal Act) are "deception" and "obtaining property or financial benefits." The key issue is whether the "deception" element is met. Referral marketing is recognized as a deceptive act if there is false or exaggerated advertising. “If the risks of the exchange are concealed during promotion, it constitutes fraud.” Under criminal fraud law, any referrer with Korean nationality is subject to domestic law punishment. “It is difficult to prove the intentional fraud in referral cases.” Q. Can victims of coin referral marketing file civil lawsuits? Civil lawsuits related to referral marketing aim for “compensation for damages due to illegal acts.” Article 750 of the Civil Act states that a person who causes damage to another due to an unlawful act, either intentionally or negligently, is responsible for compensating that damage. The key in civil lawsuits is proving "intent or negligence." If referral marketing is conducted after recognizing internal issues of the exchange, winning a civil lawsuit is possible. Caution is needed regarding illegal referral practices.
2023-07-12 NBN NEWS
