Experience

Antitrust and Competition

Obtaining antimonopoly clearance for acquisition of shares in a paper production company.
Obtaining antimonopoly clearance for acquisition of four industrial companies in Ukraine.
Obtaining permit for concerted actions related to omission of competition on the relevant market.
Holding training sessions for top-management on protection of economic competition and developing relevant compliance programs.
Obtaining preliminary decision of Antimonopoly Committee of Ukraine (“AMCU”) on ban of products sale and compulsion to subtract the goods from circulation due to violation of antitrust regulations.
Consulting on issues related to competition law, obtaining recommendations of AMCU on information, which shall be placed on the front of hotels.
Consulting on antitrust law, obtaining recommendations of AMCU related to the commercial name of the pharmacy network.
Consulting on antitrust regulations, obtaining recommendations of AMCU on proper packaging and information on ingredients.
Challenging discriminatory tender documentation of state enterprise within the state procurement procedure.
Consulting on compliance of tender documentation with effective legislation.
Challenging a competitor’s tender offer within the state procurement procedure.

Banking and Finance

Consulting the bank in the course of refinancing granted to one of the largest manufacturers of confectionery products in Ukraine (including drafting transactional documentation and issuing the legal opinion in favor of the creditor).
Advising the IFI in connection with extension to the the leading Ukrainian leasing company, of a UAH-denominated (the first UAH-denominated loan ever disbursed by IFI).
Advising the bank in connection to its borrowing of uncommitted trade facilities from the International financial institution (IFI). The facility is granted within IFI's trade facilitation programme aimed to support Ukrainian exporters and importers.
Through the Programme, the IFI provides guarantees to international confirming banks, taking the political and commercial payment risk of international trade transactions undertaken by banks in the countries of the IFI's operations.
Providing advice on the matters of commencement of its business operations in Ukraine and registration of a financial institution, including consulting on all regulatory matters in connection with establishment of the company's subsidiary in Ukraine, registration of the subsidiary with the National Financial Services Commission and licensing.
Advising on the company's qualification with the Deposit Guarantee Fund (DGF) allowing the company to render to the DGF the services associated with the NPLs disposal (preparation of the loan portfolios for sale and holding auctions on such loan portfolios).
Advising the group during the bank resolution (insolvency) procedure, commenced with respect to a Ukrainian commercial bank declared insolvent and advising the group as a potential investor with respect to its participation in the tender arranged by the Deposit Insurance Agency and acquisition of the so-called bridge bank, newly established based on the assets and liabilities of insolvent bank.
Providing advice to the Management Board and Supervisory Board and Corporate Secretary of the bank on the matters of their current activities and various regulatory matters of the bank.

Restructuring and Insolvency

Support during two projects on debt restructuring of Ukrainian debtors under the Law “On Financial Restructuring".
Support with debt restructuring of Ukrainian subsidiaries via debt-into-equity conversion. Restructuring allowed Ukrainian companies to improve their net asset position and write-off the debt without tax implications for further change of the business models in Ukraine.
Support with debt restructuring of Ukrainian subsidiary via debt-into-equity conversion. Restructuring allowed the company to improve its net asset position and write-off the debt without tax implications for further repatriation of funds from Ukraine.
Restructuring of trade liabilities (for supplied goods) of a large Ukrainian retail network.
Consulting the creditor on Ukrainian law related to restructuring of debt under a multimillion loan provided to a Ukrainian spare parts producer.
Support with restructuring of a multimillion loan facility provided to a Ukrainian producer of electric appliances.
Consulting on restructuring of loan debt of Ukrainian agricultural company, including support with partial foreclosure on security under the loan.
Advising IFI on the Ukrainian law matters related to the restructuring of a multi-million-dollar loan granted to one of the leading Ukrainian producers of cleaning and maintenance products. Advisory role to the lender included legal assistance in drafting and negotiating the transaction documents from Ukrainian legal perspective, collecting and control over fulfilment of conditions precedent to the restructuring, issuance of the legal opinion in favor of the lender, as well as advising on other transaction-related matters.
Advising bank during the first-ever financial restructuring procedures involving a commercial bank and implemented according to the newly adopted Law of Ukraine "On Financial Restructuring".
Support with restructuring of a multimillion loan facility provided to a Ukrainian producer of electric appliances (including drafting transactional documentation and issuing the legal opinion in favor of the creditor).
Consulting on restructuring of loan debt of Ukrainian agricultural company, including support with partial foreclosure on security under the loan.
Legal support of the bankruptcy procedure as a property administrator.
Participation as a consultant in bankruptcy cases.
Participation as a consultant in bankruptcy cases.
Assistance in property administration and liquidation procedures.
Property administration of the largest suppliers of quartz raw materials for the casting and glass industry.

Corporate and Contract law

Development of corporate structure for entering the Ukrainian market.
Consulting on restructuring of distribution model in Ukraine to increase business efficiency and prevent legal risks.
Consulting related to the ownership structure for Ukrainian company and implementation of the new structure for entering the Ukrainian market.
Consulting on securitization of key assets in Ukraine and implementation of security measures from outside threats.
Analysis of business structure to identify tax and legal risks. Development of ownership structure to ensure operational and tax efficiency for attracting outside financing.
Consulting on group restructuring (change of the holding company in Ukraine) and transfer of shares to the new shareholder for further engagement of outside financing.
Restructuring of distribution model in Ukraine, that allowed to decrease expenses and mitigate historical regulatory and operational risks.
Consulting on business restructuring, support with transfer of operational activities on new company and liquidation of old ones.

M&A

Legal and tax due diligence of local logistics company. Transaction support for the buyer, including transaction structuring.
Legal and tax due diligence of local petroleum company for the buyer.
Legal and tax due diligence of Ukrainian subsidiary for further sale to the investor.
Legal due diligence of Ukrainian subsidiary for further sale to the investor.
Legal and tax due diligence of key assets for further sale.
Legal and tax intelligence review of business of Ukrainian partner for further acquisition.

International Trade

Representing the interests of a Ukrainian manufacturer in a special investigation regarding the import of gas-filled plastics to Ukraine, regardless of the country of origin.
Representing the interests of a Ukrainian manufacturer in the anti-dumping investigation of the European Commission in relation to imports of ferrosilicon of Ukrainian and Egyptian origin to the European Union.
Representing the interests of a Russian chemical industry enterprise in an anti-dumping investigation into the import of certain types of fertilizers of Russian origin to Ukraine.
Representing the interests of a Lithuanian chemical industry enterprise in a special investigation into the import of certain nitrogen fertilizers to Ukraine.

Dispute Resolution:

Representing interests of the client during debt collection via foreclosure and in cases related to termination of loan security.
Representing clients (debtors or creditors) in a number of bankruptcy cases; challenging agreements concluded by the debtor and one of the creditors within the bankruptcy proceedings.
Defending client’s interests in the dispute with Ministry of Infrastructure of Ukraine related to violation of antitrust regulations (abuse of monopoly position).
Challenging the registration actions of the notary related to registration of title to integral property complex.
Challenging the decision of permanent commission of Antimonopoly Committee of Ukraine on claims related to state procurements.
Representing client in dispute related to recognition of information shared in media as false.

Key contacts

Kyiv