Corporate and M&A

The creation, ongoing operation and transformation (reorganization) of legal entities of various organizational and legal forms, especially limited liability companies and joint stock companies, is impossible without applying corporate law, since it is this branch of law that governs the legal status and the procedure for the creation, operation and even liquidation of these legal entities.

How skilfully, from a legal point of view, the corporate structure of your business is built determines how efficiently decisions are taken even on matters that seem unrelated to corporate law, such as concluding contracts. For example, when the charter of a limited liability company states that the director's conclusion of a contract worth more than, say, UAH 100,000 requires the prior written consent of the general meeting of participants, of whom there are six or more, half of them living in different regions of the country, then holding a general meeting of participants each time to approve every such contract may become a significant problem. From the corporate law perspective, managing a joint stock company is the most complex matter compared with managing enterprises of other organizational and legal forms, such as the same limited liability companies, as it requires periodic general meetings of shareholders, the construction and adjustment of a complex management structure of supervisory board, executive body and revision committee, agreeing a considerable range of actions with the National Securities and Stock Market Commission, and cooperation with the National Depository of Ukraine. Therefore, when new legal entities are created, one of the decisive issues is the choice of the optimal organizational and legal form, depending on the number of business partners, the relationship between them and the types of business activities that are planned.

Processes such as mergers and acquisitions of a business (so-called merger and acquisition) cannot do without lawyers specializing in corporate law either, since they require, first, a legal audit of the company being sold (due diligence) and, second, the proper execution and implementation of the merger or acquisition agreement itself.

Legal mistakes on the issues listed above and others lead to conflicts between participants in corporate relations, for example between shareholders and the executive body, or between different bodies of the company: corporate disputes, which are resolved by commercial courts under the procedure established by the Commercial Procedure Code of Ukraine.

Thus, it is obvious that a competent solution to any corporate issue requires the assistance of professional lawyers.

Our attorneys will develop for you the optimal scheme of governing bodies of the organization, prepare statutory and other necessary internal documents, register the creation of a legal entity, resolve issues regarding the exit of old and the entry of new members of the company, accompany the process of merger and acquisition of business, organize interaction between the company and its shareholders (participants), and establish cooperation with the National Securities and Stock Market Commission and the National Depository of Ukraine. In case of corporate disputes, WinnerLex attorneys will competently protect the interests of their Clients in court.

The main purpose of our legal support for entrepreneurs is to let our Clients conduct their business comfortably without being distracted by issues that can be resolved by competent lawyers, as our team aims to create the conditions for your business without legal barriers. For this reason, in our work, we do our best to promptly anticipate the possible legal risks in our Clients' business projects and to minimize their negative consequences.

WinnerLex provides both systematic comprehensive legal support for the ongoing activities of Clients' business structures on a permanent basis and legal support during the implementation of individual corporate projects.