Legal Support for Agribusiness. Investment Protection in Agribusiness. Legal Consulting for Agricultural Producers and Agribusiness Enterprises

Practice Team

The agricultural and land law practice specialists at “ARMADA” Law Firm have high expertise in consulting agribusiness. The team supports large infrastructure projects related to starting new businesses and reorganizing existing businesses through mergers and acquisitions. The specialists in agricultural and land law support investment projects in agribusiness, including the attraction of international investments and foreign capital.

“ARMADA” Law Firm provides comprehensive legal support to over 200 companies in Ukraine and international agribusiness holdings with a total land bank of over 700,000 hectares and has substantial expertise in providing legal services to the agribusiness sector.

The agricultural and land law practice team at “ARMADA” Law Firm is regularly ranked in the TOP-10 best legal companies in Ukraine by professional legal publications “Legal Practice” and “Legal Newspaper.”

The practice team is led by Senior Partner Valentina Ponomarenko, who is listed among the TOP-20 best female lawyers in Ukraine in the field of agricultural and land law.

Команда практики агробізнесу
Анастасія Луук

Co-Managing Partner, Attorney

Our Awards

“ARMADA” Law Firm is a leading Ukrainian law firm that systematically works with the agribusiness sector and agribusiness representatives. The agricultural and land law practice team advises medium and large Ukrainian agribusinesses and holdings on conducting business, consolidating land banks, and resolving land disputes. “ARMADA” Law Firm also provides services to international agribusiness companies with a local presence, scaling their operations within Ukraine.
Команда практики агробізнесу

Services

01. Investment Protection in Agribusiness. Investment Deal Support

  • Comprehensive support for investors entering the Ukrainian market.
  • Comprehensive support for business creation.
  • Obtaining permits from antitrust authorities for concentration and coordinated actions.
  • Development of corporate documents and amendments.
  • Development of corporate agreements.
  • Formation of companies and their separate subdivisions.
  • Legal audit of land banks, individual real estate objects, companies.
  • Legal support for attracting financing from Ukrainian and international financial institutions and funds.
  • Legal support for M&A transactions.
  • Legal support for obtaining permits and licenses.
  • Legal support for corporate rights transfer and registration.
  • Legal support for land bank formation.
  • Legal support for land and real estate acquisition transactions.

02. Formation of the Company's Land Bank. Support for Land Purchase and Sale Transactions

Formation of Land Bank:

  • Audit of the existing land bank and consulting to preserve assets.
  • Analysis of lease/emphyteusis/superficies agreements and identifying terms in the agreements that could lead to the loss of the land bank.
  • Analysis of the State Land Cadastre to ensure compliance with the land ownership documentation.
  • Conducting an audit, identifying land parcels without registered user rights agreements.
  • Monitoring and auditing the expiry dates of lease agreements for adjacent land parcels.
  • Providing consultation and legal support in mergers and acquisitions of agricultural companies, with detailed identification of potential acquisition targets and support until the registration of acquired rights.
  • Participation in negotiations on the sale/purchase of assets, corporate rights, real estate (land), and structuring the sale (one transaction or phased).
  • Consulting on tax planning for asset purchase-sale agreements.
  • Legal support for investment agreements for the purchase and sale of assets/corporate rights: we provide legal expertise of the investment object, develop optimal investment structures, create mechanisms to minimize risks and protect investments, and provide recommendations on investment strategies. We offer legal and organizational support to investors, starting from analyzing the investment proposal to ensuring legal compliance after the project launch.

Support for Land Purchase and Sale Transactions:

  • Detailed analysis of the land parcel, ownership documents, the seller and buyer, and the founding documents of the parties involved, preparing a detailed written report including full information on land parcel verification and identified risks.
  • Preparation of necessary documents for the successful notarization of the purchase and sale agreement: preparing resolutions from the company’s governing bodies on land purchase/sale, detailed analysis of state registers, State Land Cadastre data for compliance with ownership documents, and obtaining confirmatory certificates, extracts, etc.
  • Detailed development of the land purchase-sale agreement text to avoid potential future lawsuits challenging the validity of the agreement, and aligning the agreement text with all parties involved.
  • Consulting on confirming the source of funds for the Buyer and preparing the required documentation for confirmation.
  • Legal support for land purchase-sale transactions at each stage.

03. Judicial Support for Agribusiness

  • Disputes regarding the invalidation of land lease agreements.
  • Disputes regarding the early termination of a land lease agreement.
  • Disputes regarding the reclamation of land from illegal possession.
  • Disputes regarding the annulment of state registrars’ entries on the registration of ownership and/or user rights to land.
  • Disputes regarding the collection of receivables for agricultural products or other goods delivered.
  • Disputes regarding the collection of costs for fertilizers, feed, plant protection products, etc., of poor quality.
  • Disputes with banks and financial institutions arising from the execution of loan agreements (debt collection under loan agreements, enforcement on lease/hypothecated property, etc.).
  • Other legal disputes arising between agribusiness entities in the agricultural sector.

04. Cross-Border Courts and International Arbitration

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

05. Support for Foreign Economic Activity (FEA) of Agribusinesses

  • Detailed analysis of FEA contracts, HS code of goods, and logistics routes. The company’s specialists conduct a thorough analysis of potential future export risks.
  • Detailed analysis of counterparties to avoid fraud risks.
  • Preparation of necessary documents to obtain an Export License.
  • Analysis of the logistics route and the need for an International Freight Transport License, Permits for participation in international movement.
  • Detailed analysis of the grounds for obtaining the status of a verified exporter and preparation of necessary documents for acquiring the status.
  • Consulting and support for obtaining Customs Accreditation.
  • Consulting on compliance with currency control requirements.
  • Optimization of taxation for FEA operations of agribusiness market participants.

06. Taxation of Agribusiness. Consulting on Tax Structuring

  • Formation of an optimal structure for conducting business in Ukraine (including with foreign companies).
  • Consulting on selecting jurisdictions for conducting business abroad.
  • Consulting on compliance with controlled foreign corporation (CFC) legislation requirements.
  • Providing consultations on current legislative restrictions and additional requirements when structuring a business.
  • Providing consultations on optimizing the tax burden on your business.

07. Interaction with Government Authorities

  • Detailed analysis of the company’s activities and development of strategies for representing the business entity in state authorities and local government bodies.
  • Representation of the client’s interests during requests, audits, and negotiations with state authorities and local government bodies.
  • Legal support for the procedures for obtaining permits and licenses necessary for business operations.
  • Audit of the company’s readiness for scheduled and unscheduled audits conducted by state authorities.
  • Support for preparing responses and documents for government authority inquiries.
  • Judicial support in disputes with government authorities and local governments.

08. Legal Consulting for Agribusiness

  • Detailed analysis of the corporate structure of the business.
  • Legal support for the business activities of agribusinesses.
  • Development of internal documentation for enterprises.
  • Consulting on accounting, land bank management.
  • Legal support for the registration process of facilities (objects) used for the production, processing, storage, and circulation of goods in the agribusiness sector.
  • Creation and registration of agribusiness holdings in Ukraine (both residents and non-residents).
  • Consulting on investment programs in agribusiness.
  • Consulting on privatization of state and municipal property in agribusiness.
  • Support for contract activities of companies (supply contracts, transportation, services, storage, etc.).
  • Legal assistance in drafting land lease agreements, servitude agreements, emphyteusis, and superficies.
  • Providing legal consulting on taxation issues, taking into account the specifics of conducting business in the agribusiness sector.
  • Consulting on the organization of labor relations in agricultural enterprises or agribusiness holdings, structuring employee relations.
  • Legal support in obtaining registration and licensing documents in the agribusiness sector.
  • Consulting on compliance with military registration requirements for agribusiness entities.
  • Consulting on employee reservation issues for agricultural enterprises.
  • Consulting and support for preparing documents to obtain the status of a critical enterprise in the agribusiness sector, allowing employee reservation.
  • Consulting on labor legislation compliance, supporting labor disputes.
  • Consulting on planning logistics routes for exporting agricultural products and supporting the acquisition of licenses for international freight transport.

09. Anti-Raider Audit and Asset Protection for Agribusinesses

  • Services in counteracting raiding, enterprise and land asset seizures in agribusiness.
  • Legal audit of the company’s founding documents and documents regulating corporate ownership rights.
  • Anti-raider audit services to protect assets proactively.
  • Preparation of NDA agreements, establishing commercial information protection regime within the company.
  • Development of training manuals for agribusiness employees on preventing raiding attempts.
  • Development of physical security contracts for assets.
  • Provision of services for systemic monitoring of risk zones (criminal proceedings; court cases; audits by government authorities; business partner checks).
  • Services for updating statutory documents by introducing restrictions on the director’s powers regarding asset alienation and encumbrance.
  • Consulting on setting up document security systems within the company.

10. Legal Support for Financial Operations in Agribusiness

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

Cases

Trusted by

The company’s client pool includes industry-leading enterprises, international and Ukrainian companies that are major taxpayers.

Advantages of Working with Our Company

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Focus on Results

For us, it is important to solve your issue as quickly and optimally as possible. We are results-oriented because it directly affects the cost of our services. We are interested in solving the issue promptly and minimizing our own time expenditure.
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Free Preliminary Case Analysis

Unlike our competitors, we never charge for the preliminary analysis of documents and client cases. It is important for us to ensure that the case has potential and that we can truly help our clients.

Therefore, we carefully study your inquiry, formulate a legal position, and only then enter into a cooperation agreement.

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Capacity for High Volume

Unlike self-employed lawyers and attorneys, we have a strong corporate structure. Currently, our company houses more than 40 lawyers and attorneys, which indicates our high capacity. For land disputes and agribusiness sector disputes, we have formed a separate project group of lawyers and attorneys who focus exclusively on this area. Therefore, we have the opportunity to dedicate maximum attention to your project.
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Expertise

Our company takes a proactive approach in business consulting and has held more than 500 thematic events in the last 5 years, attended by over 10,000 viewers.

You can review the webinars hosted by the company through this link.

Additionally, the tax practice lawyers of our company lecture for fellow lawyers in the Business Consulting Academy, at government round tables, and professional conferences with representatives from the State Tax Service, etc.

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Systematic Approach

We are a systematic company that manages project work through a CRM system, constantly monitoring the status of your case, which differentiates us qualitatively from our competitors by the level of immersion in your project.

Useful Materials on the Topic

Armada Law Firm was recognized as a socially responsible legal company in the “Enlightenment” category in the “PLS Top Teams” ranking by the Legal Practice research. The firm’s lawyers and attorneys regularly conduct educational events (webinars, workshops) and publish expert articles on agrarian and land law. We invite you to explore the useful materials linked below.

Subscribe to the 'Agrarian Advisor' Telegram Channel

A Telegram channel dedicated entirely to legislation in the agricultural sector. The channel will be useful for agribusinesses, farms, and agricultural product manufacturers.

In the channel, lawyers and attorneys from the agrarian and land law practice of Armada Law Firm regularly post news related to agribusiness and land legislation, review practical cases, and announce upcoming thematic events.

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