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
https://www.linkedin.com/company/siutkin-and-partners-law-firm
2. Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com
М&A
(MERGER AND ACQUISITION)
3. Themain issues,
with which ourclients come to us and which arethe most problematic for
businessesin 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, Kiev
www.siutkin.com office@siutkin.com
4. About development of solutions in this area
practices is engaged
Natalia Osadchaya partner
15 years in this field
300 won cases
Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com
5. Our lawyers are specialising on this area
MYKHAYLO KUNDENKO
email: kundenko@siutkin.com
NIKOLAY SYUTKIN
email: siutkin@siutkin.com
Syutkin and partners Law Firm, Ukraine, Kiev
www.siutkin.com office@siutkin.com
6. A company
A 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 problem
Ukrainian 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 office@siutkin.com
7. Solution
During 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 office@siutkin.com