syutkin and partners., practices. М&a (merger and acquisition)

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SYUTKIN AND PARTNERS FIRM OF ATTORNEY М&A (MERGER AND ACQUISITION) Kyiv, Ukraine

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Page 1: Syutkin and Partners., Practices. М&A (merger and acquisition)

SYUTKIN AND PARTNERS FIRM OF ATTORNEY

М&A(MERGER AND ACQUISITION)

Kyiv, Ukraine

Page 2: Syutkin and Partners., Practices. М&A (merger and acquisition)

Syutkin and partners Law Firm, Ukraine, Kievwww.siutkin.com [email protected]

М&A(MERGER AND ACQUISITION)

Page 3: Syutkin and Partners., Practices. М&A (merger and acquisition)

The main issues, with which our clients come to us and which are the most problematic for businesses in

this area are• The main issues,

with which our clients come to us and which are the most problematic for businesses in this area are:

• 1 Obtaining an impartial alternative legal opinion about the possibility of acquiring corporate rights, conducting a Due Diligence transaction, detecting all the possible“weak points” of the transaction as well as legal risks, development of legal risk minimization schemes

• 2 Support of transactions on purchase-sale of corporate rights, risks minimization in the process of conducting transactions on purchase-sale of corporate rights

• 3 Obtaining a merger clearance from the Antimonopoly Committee of Ukraine • 4 Protection of the client’s interests during the investigations by the Antimonopoly

Committee of Ukraine, including in case of monopoly abuse • 5 Judicial disputes regarding termination of corporate rights purchase-sale contracts,

annulment of corporate rights purchase-sale contracts • 6 Judicial disputes on charging penalties due to a party’s improper fulfilment of its

obligations under corporate rights purchase-sale contracts. • 7 Enforcement of judgments

Syutkin and partners Law Firm, Ukraine, Kievwww.siutkin.com [email protected]

Page 4: Syutkin and Partners., Practices. М&A (merger and acquisition)

About development of solutions in this area practices is engaged

Natalia Osadchaya partner15 years in this field300 won cases

Syutkin and partners Law Firm, Ukraine, Kievwww.siutkin.com [email protected]

Page 5: Syutkin and Partners., Practices. М&A (merger and acquisition)

Our lawyers are specialising on this areaMYKHAYLO KUNDENKOemail: [email protected] SYUTKINemail: [email protected]

Syutkin and partners Law Firm, Ukraine, Kievwww.siutkin.com [email protected]

Page 6: Syutkin and Partners., Practices. М&A (merger and acquisition)

A companyA foreign investor have turned to us for the purpose of conducting

Due Diligence by Ukrainian company, and get a detailed legal opinion on the possible legal risks of future transactions.

A problemUkrainian company had planned to be acquired by a foreign

investor for the purpose of conducting agricultural business. A company was declared that she owns of production assets, elevators and processes on loan considerable array of agricultural land. Also investor has been declared that the land is at the Ukrainian company in the long-term lease - more than 10 years.

Syutkin and partners www.siutkin.com [email protected]

Page 7: Syutkin and Partners., Practices. М&A (merger and acquisition)

SolutionDuring the conducting of Due Diligence we were qualified the transaction - with a

high level of risk and we would not recommend to our clients to implement a contract of sale of the corporate rights without taking special measures to minimize legal risks. We, at the request of the client, developed to step by step the scheme to minimize the risks, moreover, the procedure of minimization risks should be carried out by Ukrainian company after signing the preliminary contract, but before the conclusion of the main contract of sale of the corporate rights. In addition, the foreign investor is forced to conclude a contract of sale of the corporate rights only after the specific actions by Ukrainian company aimed at minimizing the risk of loss of foreign investor "land bank"and real estate. As a result, the parties entered into a contract of sale of the corporate rights. The Ukrainian side has received the amount you claimed and a foreign investor legally "clean" assets in the form of real estate and rights to use the land. Foreign investor still leads in Ukraine successful agricultural business.

Syutkin and partners www.siutkin.com [email protected]

Page 8: Syutkin and Partners., Practices. М&A (merger and acquisition)

Syutkin and partners Law Firm Lawyer services Ukraine, [email protected]