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Resolving M&A disputes in arbitration
Law Publications
01-August-2012 Original language
eng
Resolving M&A disputes in arbitration
Kostiantyn Likarchuk, Partner, and Mykyta Nota, Associate, Avellum Partners Traditionally M&A transactions involving Ukrainian targets are structured in a specific way in order to reflect peculiarities of the Ukrainian business environment. As a rule, sellers of the Ukrainian target are shelf companies. The ultimate beneficiary of the Ukrainian target controls and directs the sellers. The ultimate beneficiary usually guarantees proper fulfilment of the sellers obligations either (i) dire...
4 questions you should consider when selling your stake in business to a private equity fund
Law Publications
29-July-2012 Original language
eng
4 questions you should consider when selling your stake in business to a private equity fund
Mykola Stetsenko, Managing Partner, and Yuriy Nechayev, Associate , Avellum Partners Unlike Western developed economies, Ukraine has only recently started to unlock its potential in the area of attracting investments from Private Equity Funds (PEFs). Therefore, on the one hand, every more or less serious Ukrainian business (Business) has a good chance to attract the attention of a PEF. On the other hand, owners of Business (Owners) often know little of the nature and goals of PEFs. Moreov...
Inside Ukraines courts: investment disputes
Law Publications
22-July-2012 Original language
eng
Inside Ukraines courts: investment disputes
Nina Mikhalska, Legal Advisor on Business Affairs The parties often choose to file a lawsuit in the domestic courts of Ukraine, especially if disputes relate to corporate relations of the parties. Under Ukrainian law investment disputes also include disputes between investors and local entities arising from contracts, the output from the founders of shareholders, the right of common ownership of property, annulment of the decision on the protocol meeting of shareholders, and the cancellation ...
Ukraine ratifies Cape Town Convention
Law Publications
17-July-2012 Original language
eng
Ukraine ratifies Cape Town Convention
Ihor Olekhov, Partner, Baker & McKenzie Ukraine has taken a major step towards implementation of the Convention on International Interests in Mobile Equipment (the "Cape Town Convention"). Law of Ukraine No. 4904-VI "On Ratification of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment" was adopted on 6 June 2012 and became effective on 15 July 2012. The pur...
Cross-Border Payments in Hryvnia: NBU Clarifies Rules for Settlements in Hryvnia
Law Publications
11-July-2012 Original language
eng
Cross-Border Payments in Hryvnia: NBU Clarifies Rules for Settlements in Hryvnia
Ihor Olekhov, Partner, Baker & McKenzie On 28 May 2012 the National Bank of Ukraine (the "NBU") amended the procedure for making settlements in Hryvnia (UAH) between Ukrainian residents and non-residents during cross-border trading activities. Now all such settlements must be made through a UAH correspondent account of non-resident bank opened with a Ukrainian resident bank. In effect, the NBU clarified the manner in which Ukrainian residents and non-residents of Ukraine can make payments...
Tenders for Oil and Gas Exploration and Production in Two Black Sea Shelf Fields
Law Publications
08-June-2012 Original language
eng
Tenders for Oil and Gas Exploration and Production in Two Black Sea Shelf Fields
Ihor Olekhov, Partner, Baker & McKenzie On 2 June 2012 the Ukrainian Government announced two tenders for execution of production sharing agreements (the "PSA") for exploration and production of hydrocarbons (oil, gas and condensate) on two Black Sea shelf fields, i.e., Forosa field and Skifska field. The principal terms of the tender for both fields are as follows: both Ukrainian and foreign companies and individuals are eligible for participation in the tenders; the winner of each tender ...
Sports and Taxation in Ukraine
Law Publications
06-June-2012 Original language
eng
Sports and Taxation in Ukraine
Dmytro B. Ivanusa, Counsel with Sayenko Kharenko, Member of Legal Commission of National Olympic Committee of Ukraine Generally, sports law is understood as the specific segment of legal rules governing relations occurring in the sphere of physical culture and sports. Such segment appears to be the organic conjunction of various laws relating in different ways to sports. These include, for example, civil law, employment law, corporate law and, in particular, tax law. The sports industry is one ...
Trade finance in Ukraine: Q&A
Law Publications
01-June-2012 Original language
eng
Trade finance in Ukraine: Q&A
Glib Bondar, Partner, Avellum Partners 1. Please highlight any main trends or shifts in the current Ukrainian financings market? Due to limited or no appetite for Ukrainian risk and global finance markets volatility, capital markets and traditional bank lending are no longer easily accessible to Ukrainian borrowers (subject to few exceptions). At the same time, supply of ECA-backed trade financing continues to be available and trade financing seems to be active this year as well. 2. Trade finan...
Changes to Law Threaten Securities Market Licenses
Law Publications
30-May-2012 Original language
eng
Changes to Law Threaten Securities Market Licenses
Ihor Olekhov, Partner, Baker & McKenzie On 6 October 2011, the Verkhovna Rada adopted amendments giving the National Commission on Securities and Stock Exchanges (the SEC) the right to revoke the license of a professional participant of the securities market (securities trader, custodian, depositary, asset manager or stock exchange) if the SEC determines that any shares in such participant are directly or indirectly held by an individual convicted of a criminal offence against property or...
Seven things to consider in international business structuring
Law Publications
27-May-2012 Original language
eng
Seven things to consider in international business structuring
Vadim Medvedev, Associate, Avellum Parnters It is common on the market that any business structuring for a Ukrainian business is conducted mostly by financial advisers and business consultants looking primarilyat the cost reduction and direct tax economy. However, current tax legislation in most countries around the world is eager to fight with structures erected only for tax economy purposes. Ukrainian tax authorities are not exception in this case.As an outcome, issues of compliance with tax ...
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