Asset Tracing and Investigation Services for Debt Collection

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Insightful on Asset Tracing and Investigation Services

Asset Tracing and Investigation Services refer to fund tracing and detecting tangible and intangible assets through complex money laundering laws and regulations and various other corporate structures. However, asset tracing and investigation services help the dispute between the company and the customers to solve their commercial disputes efficiently by recovering the assets that were obtained through fraud and embezzlement. However, the locations and ownership of such assets are often concealed in a complex corporate framework, nominees, or complex trust structures and spread across the globe in multiple jurisdictions.

Enterslice asset tracing and investigation services help organizations or companies find out and detect the owner or location of tangible and intangible assets that are being hidden by the debtors from recovering by the concerned company. Some of the assets are cash, real estate, corporate holdings, financial instruments, etc.

We are experts in tracing funds and detecting assets of the debtor in this complex nature of money laundering activities across the globe. Our Asset Tracing and Investigation Services have helped various clients recover their asset position in commercial disputes and enforce international arbitration awards, discover or recover assets after litigation, arbitration awards, or orders, preventing fraud and when the banking business falls into pieces.

What do you understand by Asset Tracing?

Asset tracing acts like a detective in identifying and detecting the credibility of the concerned asset and not going into the details of who has the legal right to such an asset. The connection between the tracing and recovery of an asset is that once the tracing activity is completed, a question on the rights over said assets will be raised. Such rights may include personal rights, proprietary rights, legal rights, and other equitable rights, depending on the facts and circumstances.

What is the purpose behind Asset Tracing?

The main objective or purpose behind asset tracing through asset tracing and investigation services is to recover those assets that are misused and embezzled very efficiently without any further delay. A financial institution can also conduct diligence through asset tracing in connection to those properties that intend to take it as a security for loan purposes, whereas investors could also check the legitimacy of assets and ventures before they decide to invest in them.

Asset tracing also helps creditors to know the kinds of assets the debtor has in his name, which could be claimed if the sanction loan amount is not repaid, before approaching the court so that an order can be passed in favour of the creditors for safeguarding such assets.

Procedure on Asset Tracing

As we know, assets are valuables that are owned by a business or individuals who invest their time, value, and energy. The procedure for asset tracing is complex and thus requires a professional to guide you through the asset tracing activity. Given below are the different stages of asset tracing

  • First, identify and detect the target potential assets’ location, address, ownership details, etc. This stage comes under the pre-investigation of the properties before starting the investigation procedure.
  • After completing pre-investions, a company may approach the court or the concerned authority to recover the assets within the specific jurisdiction further. Such assets that are recovered through the legal proceedings are to be kept in a safe place by applying for an interim order or any other court orders from the concerned court so that such assets are seized and obtained by the rightful owner.
  • The last phase is the recovery phase, where the sized asset is handed over to the rightful owner. Whenever a court passes an order such as arrest, confiscation, constraint, etc, an action must be taken on the same to execute such order.

Asset Tracing in Corporate Insolvency Litigation

Under Corporate insolvency litigation, asset tracing plays a very important role in detecting and tracing the assets and properties that have been unlawfully taken by the directors of the respective company and misappropriated the use of such assets. For example, in the case of liquidation, it is the responsibility of the insolvency professional to trace such assets that have been misused by the directors since directors have to be made accountable for such activity according to the insolvency laws and regulations.

Once the misappropriated assets can be traced by the concerned insolvency professionals, they can now follow the steps to file a suit before the concerned court to get an order to freeze such assets and to make sure that the directors do not dispose of them. This is usually done to protect the interest of the creditors.

However, the liquidator, official receivers, and creditors may also take the help of the court by filing cases against such companies or individuals to trace the assets that are being misappropriated. This court, after collecting documents and evidence, shall pass an order against such person and company to repay and return the amount along with the interest and to compensate for wrongdoing, breach of duty, and other fiduciary responsibility violations.

Conditions for Asset Tracing and Investigation Services

Given below are the situations where asset tracing and investigation services are helpful for companies or organizations

  • Pre-investment due diligence.
  • Legal disclosure or dispute circumstances.
  • Distressed investment for private equity or equity holders.
  • Enforcement of a legal decree or financial judgments and recovery orders.
  • Stressed asset management.
  • Contractual negotiations.

Enterslice professionals in asset tracing and investigation services also help to discover and ascertain various assets like real estate properties, moveable properties like cars, aeroplanes, yachts, business association interests, financial assets, etc.

Challenges in asset tracing and investigation services

  • In complex jurisdictions of countries, it is difficult to build or gain trust with comprehensive asset recovery policies of foreign countries. Asset tracing and investigation services often face difficulties in collaboration and sharing delicate information due to the lack of trust. Such lack of trust occurred due to various reasons like political differences, data privacy laws and regulations, and different legal frameworks.
  • Another important constraint behind the asset tracing and investigation services is insufficient funding and human resources. With the advancement of technology, organizations are more front to money laundering activities and thus require a good amount of funds to monitor and analyze complex financial transactions. A good number of resources are required to conduct asset tracing and investigation services; otherwise, investigators will struggle to analyze and gather important information to detect and locate hidden assets. However, non-compliance with the money laundering laws and regulations will hinder tracing the hidden assets of the debtors.
  • Lack of coordination between the different jurisdictions leads to delays, misinterpretations, and inefficiencies in tracing the hidden assets. Asset tracing and investigation services through its expert team shall direct the legal complexities, which may vary through various procedural laws and regulations.
  • Asset tracing and investigation services often find it difficult to comply with foreign jurisdiction procedural and evidentiary law. To comply with foreign laws and regulations is time-consuming and thus complicates the method of tracing the hidden assets.
  • Mutual legal assistance is necessary for tracing the assets outside the jurisdictions. However, lack of due cooperation while investigating the hidden assets hinders the investigation procedure. Thus, an investigator shall be able to adopt the foreign jurisdictions for smooth tracing of the concerned hidden assets.
  • One of the major constraints of asset tracing and investigation services is having a focal point, which leads to difficulties in tracing and coordinating with cross-border efforts effectively. Lack of transparency in banking laws and regulations is another difficulty faced when asset tracing and investigation services.

Thus, at Enterslice, we understand the various struggles and challenges that are faced while investigating hidden assets and recovering them. Our Asset tracing and investigation services are designed in such a way as to fight against such barriers and ensure efficiency and effective results of the said services. Our expert teams are well equipped with the knowledge and experience to overcome such hurdles and thus help organizations or company to recover their assets.

Enterslice Approach to Asset Tracing and Investigation Services

Enterslice, as a consultancy company, provides services across the globe; our asset tracing and investigation services help insolvency practitioners, independent lawyers, law firms, and fraud investigators to collect evidence and prove through the method that has been exercised for many years now. Corporate fraud is complex in nature. It is indeed difficult to trace the misappropriation of assets and money connected to corporate organizations. Fraudsters often convert such siphoned funds or assets into offshore trusts and shell companies.

Our professionals in asset tracing and investigation services have dozens of experiences all across the globe in connection with the legal and law enforcement teams to detect and identify various frauds by locating and freezing them through various investigation methods and forensic research.

As a part of Asset Tracing and Investigation Services, the following steps shall be taken by our professionals to fight against the misappropriation of the assets

  • We shall collect evidence on assets to identify and determine if such assets could be frozen and recovered according to various laws and regulations.
  • We shall help the respective organization to identify any recoverable properties, assets, and commercial interests available to the debtor.
  • Our professional in asset tracing and investigation services shall also review and check the fillings and evidence of the concerned organizations that are connected to the debtor’s tangible assets and bank accounts.
  • We shall also help the company to identify and remove any offshore company structures by sending a chart of various offshore companies. This will help the respective organizations to prevent from dealing with any fraudsters.
  • We shall deal with the appropriate financial company while detecting and recovering the misappropriated assets that are gained through fraud by a debtor.
  • For a better evaluation and examination, we shall evaluate the digital assets through a forensic examination to identify the bank accounts and various other links connected to the debtor assets.
  • Asset Tracing and Investigation Services professionals also assist lawyers or legal professionals in identifying and detecting if clients or customers have assets or debts before they opt for costly litigation.
  • Sometimes, organizations allow trusted customers to buy a loan on credit so that they can maintain a steady income. Such loans on credit can turn into debt, making it difficult for the customers to repay. Our professionals in asset tracing and investigation services thus help such debtors to find out assets that could be used to repay the loan on credit.
  • Our Asset Tracing and Investigation Services has extensive experience in tracing and detecting debtors’ location of assets or residences that have been moved to another location.

Frequently Asked Questions

Asset tracing is a method to identify the process or the movement of assets as they can be owned and converted into different forms, which often becomes difficult to detect. Asset tracing is important to prevent money laundering and fraud on how money or assets are converted and transferred from one person to the other.

Asset investigations under debt recovery are to detect and identify the financial assets of the debtor so that a creditor can claim back his amount from such debtor with an interest.

The most common challenges of asset tracing under debt recovery are hidden assets, foreign jurisdictions, absence of focal point, lack of jurisdictions, data privacy laws, evolving financial environment, costs and resources, etc.

Tracing in recovery means monitoring the movement of the financial assets to know their current status and owners.

Asset recovery is a procedure to recover the assets that have been fraudulently, wrongfully misappropriated, or removed from the rightful owner.

A tracing under debt recovery is conducted by collecting information on the debtor, records, financial statements, and online research.

The 3 different processes of tracing are online research, contacting the nearest relatives, and professional tracing experts’ guidance.

The three types of assets are current assets, fixed assets, and intangible assets.

Asset recovery helps the company or an individual to maintain legal justice, economic stability, global security, and financial integrity, prevent money laundering activities, and many other benefits.

The role of the asset recovery officer is to investigate financial assets that have been obtained illegally and fraudulently and thus hand them over to the rightful owner of the said recovered asset.

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