As an economy that is developing, Ukraine is of interest to foreign investors, despite the fact that it is often difficult to navigate Ukrainian legislation and changing political realities, to calculate the situation and make the right commercial forecast.
As in many jurisdictions, foreign investment in Ukraine is possible in various forms: through the acquisition of corporate rights or securities of existing enterprises, as well as through the establishment of new companies with foreign capital.
Despite the way of implementing the investment project, the key to its successful implementation in Ukraine is the availability of a reliable legal adviser, with a good reputation and great practical experience.
Investors should understand that they enter a specific market where with its own unique legal system, their own business customs, and there is a specific mentality in counterparties, officials, and workers.
Professional legal support of foreign investments is necessary at any stage of the investment project.
So, when acquiring corporate rights in an existing enterprise, it is necessary to carry out legal due diligence of the proper ownership of corporate rights, the absence of risks of making claims on the demand for such corporate rights by third parties, the absence of arrests or other restrictions on the disposal of such corporate rights.
The cleanliness and proper registration of the assets of the enterprise, the presence and condition of fulfillment of obligations, the presence of litigation and their prospects and other possible risks for the transaction subject are also subject to thorough analysis.
When acquiring part of the corporate rights of an enterprise, when another partner remains along with a foreign investor, it is mandatory to analyze the corporate structure of the enterprise from the point of view of protecting the rights of the investor in further relations between co-owners in managing the enterprise.
It is also necessary to analyze possible cash transaction schemes to pay for acquired corporate rights and to comply with antitrust laws.
An important stage in investing in corporate rights is the preparation of an investment agreement on the acquisition of corporate rights to properly consolidate all agreements of the parties and fully protect the interests of the investor.
The stage of implementation of the investment agreement also requires legal support for the purpose of ensuring the actual acquisition by the investor of property rights to the investment object and the fulfillment of all other conditions of the contract.
Legal support of investment projects to create a new enterprise in Ukraine also requires considerable professionalism of a legal adviser, since at the beginning it provides for the development of a detailed scheme of the enterprise’s work, which should take into account corporate governance issues, the optimal taxation scheme for activities, real estate or land use issues, if necessary for work production site, obtaining the necessary permits and licenses.
Numerous other legal issues may also arise before a foreign investor, the solution of which will be important for the implementation of activities. For example, if it is necessary to introduce foreign managers into the structure of the enterprise’s management bodies, it is necessary to obtain appropriate work permits in advance.
The WinnerLex attorneys team has the necessary experience and professional level in order to provide legal support in Ukraine for investment projects of any complexity, starting from advising on the issues of opening and doing business in Ukraine, making investments in various sectors of the economy of our country and protecting them, including on the issues of registration of enterprises with foreign investments and representative offices of foreign companies, obtaining permits and licenses, M&A transactions.
WinnerLex provides preparation and development of investment agreements and investment projects, accompanies such projects from the development stage to their implementation.
WinnerLex provides legal support for investment activities in Ukraine by supporting the current business activities of enterprises with foreign investments, taking into account the specifics of each industry.
In the event of a dispute, the WinnerLex team of lawyers will reliably protect the rights and interests, as well as the property of the foreign investor, in pre-juditial procedures, in the courts of all instances, as well as in relations with state authorities, including law enforcement.
Practice experience: 19 years
Specialization: litigation support, tax, customs and antitrust practices, agricultural law, IT and M&A
Practice experience: 7 years
Specialization: resolution of economic, customs and other administrative disputes, corporate law
Practice experience: 15 years
Specialization: maintenance of complex litigation in courts of commercial and administrative jurisdictions, criminal defence
providing written advice on the procedure for foreign investments;
conducting a legal assessment of investment projects from the point of view of the legal safety of the investor and the advisability of participating in investment projects;
preparation of recommendations on adapting the business models desired for the investor in the legal environment of Ukraine;
advisory for foreign companies on the selection of the optimal structure of economic activity in Ukraine;
legal audit of enterprises, investment objects;
ensuring compliance with antitrust laws during mergers and acquisitions, including by coordinating concentration with the Antimonopoly Committee of Ukraine;
advice on taxation in Ukraine for foreign companies ;
development of a set of measures necessary for the Client to comply with transfer pricing legislation;
advising foreign companies on issues of currency, corporate, economic, labor legislation of Ukraine;
judicial protection of the rights and interests of foreign investors in Ukraine;
legal outsourcing (legal subscription services) of enterprises with foreign capital.