Legal Support for Agribusiness

• Comprehensive support for investors entering the Ukrainian market.
• Comprehensive support for business establishment.
• Obtaining antitrust approvals for concentration and coordinated actions.
• Drafting and amending company charter documents.
• Drafting corporate agreements.
• Establishing companies and their separate divisions.
• Legal audit of land banks, individual real estate assets, and companies.
• Legal support for securing financing from Ukrainian and international financial institutions and funds.
• Legal support for M&A transactions.
• Legal support for the preparation of permit documents.
• Legal support for the transfer and registration of corporate rights.
• Legal support for land bank formation.
• Legal support for transactions involving the acquisition of land plots and other real estate.

Formation of a land bank:

• Audit of the existing land bank and consulting to preserve assets.
• Analysis of lease/emphyteusis/superficies agreements and identification of terms that may impact land bank retention.
• Analysis of the State Land Cadastre for compliance with land rights documentation.
• Conducting audits to identify land plots without registered usage agreements.
• Monitoring and auditing lease terminations for adjacent land plots.
• Providing consultations and legal support in mergers and acquisitions of agro-companies, with detailed identification of potential acquisition targets and transaction support until registration of acquired rights.
• Participation in negotiations regarding the purchase/sale of assets, corporate rights, real estate (land), and agreeing on the sale structure (single transaction or phased).
• Consulting on tax planning for asset purchase and sale transactions.
• Legal support for investment transactions involving the purchase and sale of assets/corporate rights: providing legal expertise on the investment object, developing optimal investment forms, creating mechanisms to minimize risks and protect investments, and recommending investment strategies. Providing legal and organizational support for investors from analyzing investment proposals to compliance with laws, regulations, and standards post-project launch.

Support for land purchase and sale transactions:

• Detailed analysis of the land plot, land rights documents, seller and buyer identity, analysis of the parties’ charter documents, and preparation of a detailed written report with full information on land plot verification and identified risks.
• Preparation of documents necessary for the successful certification of the purchase and sale transaction: preparing decisions from management bodies on land acquisition/sale, conducting detailed analyses of state registers and State Land Cadastre data for compliance with rights documents, and obtaining confirmation certificates, extracts, etc.
• Detailed drafting of the land purchase agreement to avoid potential future litigation and aligning the contract text with all transaction participants.
• Consulting on confirming the source of the buyer’s funds and preparing the necessary documentation.
• Legal support for the land purchase and sale transaction at each stage.

• Disputes regarding the invalidation of land lease agreements.
• Disputes over early termination of land lease agreements.
• Disputes regarding the recovery of land from unauthorized or illegal possession.
• Disputes over the annulment of records by state registrars concerning property ownership and/or land use.
• Disputes regarding the collection of accounts receivable for supplied agricultural products or other goods.
• Disputes concerning the recovery of costs paid for substandard fertilizers, feed, plant protection products, etc.
• Disputes with banks and financial institutions arising from credit agreements (debt collection under credit agreements, enforcement of liens on leased/mortgaged assets, etc.).
• Other legal disputes arising between business entities in the agribusiness sector.

• Representation of clients’ interests in the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC).
• Support for debt recovery disputes, mediation, and arbitration.
• Representation in international arbitrations with the Grain and Feed Trade Association (GAFTA) and the Federation of Oils, Seeds and Fats Associations (FOSFA), the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry.
• Support for clients’ cases in investment arbitration, including representation in the International Centre for Settlement of Investment Disputes (ICSID), the Permanent Court of Arbitration (PCA), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), and ad hoc arbitrations under UNCITRAL rules.

• Detailed analysis of foreign economic activity (FEA) contracts, commodity codes, and logistics routes. Detailed risk analysis for future exports.
• Detailed analysis of counterparties to avoid fraud risks.
• Preparation of documents required for obtaining an export license.
• Analysis of logistics routes and the need for licenses for international cargo transportation, and permits for international movement.
• Detailed analysis for obtaining verified exporter status and preparation of necessary documents for this status.
• Consulting and support for obtaining customs accreditation.
• Consulting on compliance with currency control regulations.
• Tax optimization for foreign economic operations by agribusiness market participants.

• Structuring an optimal framework for conducting business in Ukraine (including with foreign companies).
• Consulting on jurisdiction selection for conducting business abroad.
• Consulting on compliance with Controlled Foreign Company (CFC) legislation requirements.
• Providing advice on current legislative restrictions and additional requirements for business structuring.
• Consulting on tax burden optimization for your business.

• Detailed analysis of the company’s activities and development of strategies for representing the business entity before government and local authorities.
• Representation of client interests during inquiries, inspections, and negotiations with government and local authorities.
• Legal support for obtaining permits and licenses required for business activities.
• Audit of the company’s readiness for scheduled and unscheduled inspections by government authorities.
• Support in preparing responses and documents for government authority requests.
• Legal support in disputes with government and local authorities.

• Detailed analysis of the business’s corporate structure.
• Legal support for agribusiness operations.
• Development of internal company documentation.
• Consulting on accounting, land bank management.
• Legal support for registering facilities (assets) used for the production, processing, storage, and circulation of agribusiness products.
• Establishment and registration of agro-holdings in Ukraine (residents and non-residents).
• Consulting on investment programs in agribusiness.
• Consulting on the privatization of state and municipal property in agribusiness.
• Support for contractual activities of companies (supply, transportation, service, storage agreements, etc.).
• Legal assistance in drafting land lease agreements, servitude agreements, emphyteusis, and superficies.
• Providing legal consulting on taxation considering agribusiness operations.
• Consulting on labor relations in agricultural enterprises or agro-industrial holdings, structuring personnel hiring relationships.
• Legal support for obtaining registration and licensing documents in the agribusiness sector.
• Consulting on compliance with military registration rules for agribusiness entities.
• Consulting on employee reservation in agribusiness.
• Consulting and support in preparing documents to obtain critical enterprise status in the agribusiness sector, allowing for employee reservation.
• Consulting on labor law compliance, support for labor disputes.
• Consulting on planning logistics routes for agricultural product exports and support for obtaining licenses for international cargo transportation.

• Services in counteracting raiding, enterprise takeovers, and land asset seizures in agribusiness.
• Legal audit of the company’s founding documents and documents regulating corporate ownership rights.
• Anti-raiding audit service for early asset protection.
• NDA preparation services, implementing commercial information protection measures in the company.
• Development of employee guidelines to prevent raiding attempts.
• Development of contracts for physical asset protection.
• Systematic monitoring of risk zones (criminal cases, court cases, government inspections, business partner checks).
• Updating statutory documents to limit the director’s powers regarding asset disposal and encumbrances.
• Consulting on establishing a document protection system within the company.

• Providing legal support for financial operations in the agribusiness sector (crediting, insurance, leasing, agricultural receipts, loans).
• Debt restructuring for credit obligations and bankruptcy.
• Providing legal consultations on financial, banking, and currency legislation.
• Drafting contracts and supporting transactions related to any financial operations.
• Legal audit for compliance with legislation on financial monitoring and organization.