Experience | SDM Partners Law Firm Kyiv

[/en/] Укр Eng About us Services INDUSTRIES Experience Clients Team News Contacts Experience All members of our team have essential long-term experience in many fields of law rendering services both to the foreign and Ukrainian clients, as well as for large international law firms. In this section we represent some examples of our experience in certain fields. However, our experience is far deeper, and we will be glad to provide further information, including description of particular projects, upon request. Industries Services Agriculture Loan from a foreign financial institution in the amount of 40 million Euro by an agribusiness holding. Purchase of various agricultural companies by a major Ukrainian agribusiness company in the amount of 120 million US Dollars. Assistance a major dairy producer regarding acquisitions of several milk plants in Ukraine and Poland. Advise the Ukrainian agribusiness holding in respect of all issues related to the GAFTA arbitration. Automotive / machinery Raw of legal actions for protection of an automotive producer’s trademarks against infringements in Ukraine. Advise a major construction and mining equipment manufacturer on tax planning. Advise a major construction and mining equipment manufacturer on tax planning. Successful representation of the Ukrainian railway car building works concerning claims of the Antimonopoly Committee of Ukraine on unreasonably high prices considering its dominant position at the market. Banking and finance Increase of the charter capital of a subsidiary of one of the largest financial services groups in the euro area in amount of 19.6 million US Dollars. Loan from a foreign financial institution by an agribusiness holding in the amount of 40 million Euro. Advice and service a foreign healthcare company regarding options for several intercompany finances of its Ukrainian businesses. Representation of a foreign finance company in the transactions for financing major Ukrainian retailer and Ukrainian bank in the amount of 20 million Us Dollars. Increase of the charter capital of a leading Ukrainian life insurance company. Chemistry Represent a household chemical goods producer in the court and the Antimonopoly Committee of Ukraine against the illegal actions of the competitor. Successful representation of a leading household chemical goods producer with respect to claims of the Antimonopoly Committee of Ukraine on inaccurate advertising which also included competitor’s countercharges. Consumer goods (FMCG) Formalization of the IP rights of the leading Ukrainian consumer goods manufacturer to the IP objects required for advertising. Protect the interest of the leading Ukrainian tea producer against illegal use of its trademark by third persons including through the law enforcement bodies in all territory of Ukraine. The value may be estimated around 30% of the client’s sales, which amounts few million US Dollars. Energy, oil and gas, natural resources Advise a major oil and gas resources company in respect of the settlement agreement to be concluded with the State of Ukraine. Advise major Ukrainian oil and gas resources company on tax issues under the Production Sharing Agreement. Represent the major Ukrainian energy group in the dispute with its competitor regarding supply markets of energy, natural resources etc. Food Industry Represent one of the world’s leading food producers in several disputes with the distributors. All disputes have been resolved amicably. Represent the leading international chocolate and coffee producer during the tax audits. Protect the interest of the leading Ukrainian tea producer against illegal use of its trademark by third persons including through the law enforcement bodies in all territory of Ukraine. The value may be estimated around 30% of the client’s sales, which amounts few million US Dollars. Represent the international confectionery products producer concerning claims of the Antimonopoly Committee of Ukraine on provision of untrustworthy information on the packaging. Represent the major producer of milk products regarding claims of the Antimonopoly Committee of Ukraine on abuse of dominant position at the milk market. Successful challenge of the negative resolution of the Antimonopoly Committee of Ukraine in court regarding provision of untrustworthy information on the packaging by the major juices and nectars producer. A dvise one of the largest financial and industrial groups of Ukraine on establishing a brewery in the UK. P roviding a legal summary to our client on tax structuring of the deal relating to acquisition of commercial real estate and receipt of manufacturing equipment in the UK required for the brewery ’s start up . Insurance Increase of the charter capital of a major Ukrainian insurance group in the amount of 35 million US Dollars. Purchase the largest Ukrainian life insurance agent by the leading Ukrainian life insurance company. Hi-tech / software Represent a multinational hi-tech company in various merger control filings performed outside Ukraine. Acquisition of the Ukrainian radio plant by a foreign hi-tech company. Establishing the effective business model in Ukraine for a US software company; registration and support regarding software products, trademarks, etc. Represent a Russian software company in acquisition of a web-site concerning management of on-line sales, including acquisition of software products and trademarks. Assist to a US software company in tax matters relating to across-the-border transfers of the software products, sale of the business assets, transfer of the employees to a new entity, and liquidation of the Ukrainian software production company. Legal support to a Ukrainian investor with respect to a startup (mobile devices software), including corporate structuring, tax and registration of the intellectual property rights. Represent a French company in connection with establishing a joint venture operating software for managing power plants. Among our clients in Hi-Tech and Software industry, whom we provided legal support in Ukraine, we may name: BPL Global, Digital Sky Technologies, Parallels (SWSoft), Oberon Media (iPlay), TAS Group and others. Investment activity Representation of a foreign finance company in the transactions for financing major Ukrainian retailer and Ukrainian bank in the amount of 20 million Us Dollars. Ongoing representation of the interests of certain private Ukrainian investors (individuals) concerning various investments and joint venture projects in Ukraine (entertainment, retail shops, real estate, food industry). Representation of a foreign finance company in the transactions for financing major Ukrainian retailer and Ukrainian bank in the amount of 20 million Us Dollars. Production Represent a foreign clay and tile producer regarding sale of the companies engaged in extraction and sale of the clay. Represent a sanitary ware producer in several transactions on purchase of the ceramic tile and sanitary ware plants in the amount of 110 million US Dollars. Represent an international glass producer as an interested party in the anti - dumping investigation. Represent the Ukrainian steelmaking plant concerning claims of the Antimonopoly Committee of Ukraine on unreasonably high prices considering its dominant position at the market. Successful representation of the Ukrainian electrical equipment manufacturer regarding the Antimonopoly Committee of Ukraine claims on illegal merger. Publishing Advise on various tax issues and also present the interest of a foreign publishing house in relations with the customs authorities concerning the determination of the customs value for the purpose of payment of VAT and duties. Media and advertising Formalization of the IP rights of the leading Ukrainian consumer goods manufacturer to the IP objects required for advertising. Successful representation of a leading household chemical goods producer with respect to the Antimonopoly Committee of Ukraine claims on inaccurate advertising which also included competitor’s countercharges. Medicine, healthcare and pharmaceuticals Advice and service a foreign healthcare company regarding options for several intercompany finances of its Ukrainian businesses. Full support of the European healthcare company in the process of acquisition of the major Ukrainian artificial fertilization clinic. Represent the Ukrainian chain of medical laboratories concerning the Antimonopoly Committee of Ukraine claims on unreasonably high prices. Successful representation of the Ukrainian pharmacy chain regarding the Antimonopoly Committee of Ukraine claims on unreasonably high prices. Real estate and construction Representation of the client in the court disputes with its general contractor regarding uncompleted constructions in the amount of 1 million Euro. Advice and service the client on its participation and financing of the project for construction in Kyiv (Ukraine) the condominium in the amount of 17 million Euro. Assist in formalization of a long-term lease of the land plot located in Kyiv by the foreign company. Assistance in obtainment construction permits and advice on other legal requirements relevant to the construction of Class "A" office center in Kiev (the value of the construction – around 100 million US Dollars). Acquisition of the office center in Kiev (through separation from the integral property center) and assisting in restructuring the premises (permits and advices), obtainment of the lease right to the land from the Kiev authorities. The value: around 12 million US Dollars. Prolongation of the land lease agreement with the local Kiev authorities for 4 Ha in Kiev. Retail networks Work out various agreements on distribution, supply, forwarding and logistics services, advertising, marketing of client’s products in major retail shops networks in Ukraine. Represent a leading pet food producer in a dispute with the distributor. Representation of a foreign finance company in the transactions for financing major Ukrainian retailer and Ukrainian bank in the amount of 20 million Us Dollars. Represent the Ukrainian regional market place with respect to the Antimonopoly Committee of Ukraine claims on over-rented trade spot considering its dominant position at the market. The negative decision of the AMCU has been successfully challenged in court. Successful representation of the Ukrainian pharmacy chain regarding the Antimonopoly Committee of Ukraine claims on unreasonably high prices. Telecommunications Due Diligence of five cable TV operators. Corporate / Mergers & Acquisitions / Investments Projects Acquisition of the debt collection company by a major Ukrainian investment and industrial group. Purchase of the group of developing companies in Kyiv holding real estate objects by one of the European real estate investment company. Ongoing representation of the interests of certain private Ukrainian investors (individuals) concerning various investments and joint venture projects in Ukraine (entertainment, retail shops, real estate, food industry). Due Diligence of five cable TV operators. Purchase the largest Ukrainian life insurance agent by the leading Ukrainian life insurance company. Purchase of a largest Ukrainian life insurance agent by the leading Ukrainian life insurance company. Advice and service the client on its participation and financing of the project for construction in Kyiv (Ukraine) the condominium in the amount of 17 million Euro. Represent a foreign clay and tile producer regarding sale of the companies engaged in extraction and sale of the clay. Represent a sanitary ware producer in several transactions on purchase of the ceramic tile and sanitary ware plants in the amount of 110 million US Dollars. Representation of a foreign finance company in the transactions for financing major Ukrainian retailer and Ukrainian bank in the amount of 20 million Us Dollars. Full support of the European healthcare company in the process of acquisition of the major Ukrainian artificial fertilization clinic. Real Estate Purchase of the group of developing companies in Kyiv holding real estate objects by one of the European real estate investment company. Representation of the client in the court disputes with its general contractor regarding uncompleted constructions in the amount of 1 million Euro. Advice and service the client on its participation and financing of the project for construction in Kyiv (Ukraine) the condominium in the amount of 17 million Euro. Assist in formalization by the foreign company of a long-term lease of the land plot located in Kyiv. Assistance in obtainment construction permits and advice on other legal requirements relevant to the construction of Class "A" office center in Kiev (the value of the construction – around 100 million US Dollars). Acquisition of the office center in Kiev (through separation from the integral property center) and assisting in restructuring the premises (permits and advices), obtainment of the lease right to the land from the Kiev authorities. The value: around 12 million US Dollars. Prolongation of the land lease agreement with the local Kiev authorities for 4 Ha in Kiev. Anti-trust and competition Purchase of various agricultural companies in amount of 120 million US Dollars by a major Ukrainian agribusiness company. Acquisition of the Ukrainian radio plant in Zakarpattia Region by a foreign hi-tech company. Represent the purchaser in various merger control filings performed outside Ukraine, including in the spheres of ice machines production and off-the-shelf survival products and systems. Assistance a major dairy producer regarding acquisitions of several milk plants in Ukraine and Poland, including curing of the past merger control violations. Successful representation of the Ukrainian pharmacy chain regarding the Antimonopoly Committee of Ukraine claims on unreasonably high prices. Protect the interest of the leading Ukrainian tea producer against illegal use of its trademark by third persons including through the law enforcement bodies in all territory of Ukraine. The value may be estimated around 30% of the client’s sales, which is few million US Dollars. Raw of legal actions for protection of an automotive producer’s trademarks against infringements in Ukraine. Represent a leading household chemical goods producer in the court and the Antimonopoly Committee of Ukraine against the illegal actions of the competitor. Successful challenge of the negative resolution of the Antimonopoly Committee of Ukraine in court regarding provision of untrustworthy information on the packaging by the major juices and nectars producer. Represent the major Ukrainian energy group in the dispute with its competitor regarding supply markets of energy, natural resources etc. Successful representation of the Ukrainian electrical equipment manufacturer regarding the Antimonopoly Committee of Ukraine claims on illegal merger. Represent the Ukrainian regional market place with respect to the Antimonopoly Committee of Ukraine claims on over-rented trade spot considering its dominant position at the market. The negative decision of the the Antimonopoly Committee of Ukraine has been successfully challenged in court. Commercial On-going support of our clients in relation to commercial contracts, including in the spheres of distribution, supply, purchase and sale, inter-group agreements, logistic marketing, advertising, intellectual property, IT support, banking and finance, insurance, loans, donations, join activities, partnership agreements, construction, lease and leasing, agency and others. Develop new distribution agreement, including complex discount system and marketing activities for big FMCS companies. Develop as system of leasing-related contracts for a major Ukrainian company involved in leasing of the agro-machinery. Develop E-commerce agreement for a Ukrainian on-line retailer. Assist a bank with foreign capital in preparing and signing the multi-million debt restructuring agreements with the debtors. On-going support of our clients in terms of licensing and permits including the sphere of medicine, alcohol, gambling, comical production, logistics, etc. Tax advice and planning / tax litigation Won the court case against the tax authorities regarding the corporate income tax for the total amount of 1.1 million US Dollars. Represent the client during the tax audit. Around 12 million US Dollars of the potential tax claims were dismissed by the tax authorities at the pretrial stage of proceedings. Win the court case against the tax authorities regarding the VAT reclaim for the total amount of 6.5 million US Dollars. Advise major oil and gas resources company on tax issues under the Production Sharing Agreement. Advise on carryforward of a tax loss resulted from securities trading. Advise a major construction and mining equipment manufacturer on tax planning. Advise one of the largest financial and industrial groups of Ukraine on establishing a brewery in the UK. Providing a legal summary to our client on tax structuring of the deal relating to acquisition of commercial real estate and receipt of manufacturing equipment in the UK required for the brewery’s start up. Mykola Melnyk and Dmytro Syrota have won the litigation against the tax inspectorate for a major Swiss medical company in relation to permanent establishment dispute. Finance and banking Loan from a foreign financial institution by an agribusiness holding in the amount of 40 million Euro. Advice and service a foreign healthcare company regarding options for several intercompany finances of its Ukrainian businesses. Representation of a foreign finance company in the transactions for financing major Ukrainian retailer and Ukrainian bank in the amount of 20 million Us Dollars. Increase of the charter capital of a leading Ukrainian life insurance company. Dispute resolution and litigation Represent client’s interests in the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry. Represent the foreign client in the corporate disputes between the shareholders of the Ukrainian company on production of natural recourses. The disputes were resolved amicably. Representation of the client in the court disputes with its general contractor regarding uncompleted constructions in the amount of 1 million Euro. Successful settlement of the dispute with the sanitary control authorities regarding imports of the pet food. Successful settlement of the dispute with the Antimonopoly committee of Ukraine regarding accusation of an international chocolate producer in illegal advertising. Represent one of the world’s leading food manufacturers in several disputes with the distributors. All disputes have been resolved amicably. Intellectual property Representation of the client in the IP conflict with Ukrainian State company regarding IP rights to the technical documents for construction of the new model of a fighter. Representation of the client is the copyrights disputes relating to numerous musical compositions. Protect the client’s interest against illegal use of its trademark by third persons including through the law enforcement bodies in all territory of Ukraine. The value may be estimated around 30% of the client’s sales, which is few million US Dollars. Labour and HR Represent the client in relation to dismissal of the hostile management, challenging the illegal sales structure. Assist to foreigners employed with our various clients on obtaining employment permits, temporary and permanent registration in Ukraine. Labour due diligence of a leading Ukrainian life insurance company. Oil and gas Advise major oil and gas resources company in respect of the settlement agreement to be concluded with the State of Ukraine. Advise major Ukrainian oil and gas resources company on tax issues under the Production Sharing Agreement. Represent the major Ukrainian energy group in the dispute with its competitor regarding supply markets of energy, natural resources etc. Forensic & Compliance Independent legal audit of business activity for the Group of companies, one of the major Ukrainian retail chains. Financial and legal advisers were jointly engaged for reveal and reduction of financial misconduct risks within the Group, and evaluatation financial losses caused by leakage of confidential information, and misapplication of assets. Group owners were provided with recommendations as regards to further elimination of such risks. Commercial investigation conducted in behalf of one of the international agro industrial market leaders covering complex audit of compliance by its contractors with laws of Ukraine and several CIS countries. Within the project the major buyers (distributors) of company’s products were audited as regards to legitimacy of their activity; public sources were analyzed as regards to hidden reputational and business risks; recommendations on elimination of risks whilst cooperation with the said companies were provided. Due diligence of main contractors of one of the CIS major food producers as to direct or indirect relation to companies and individuals in Ukraine and the Russian Federation being under the sanctions of US and EU. © 2017, SDM Partners LLC, Law Firm About us Services INDUSTRIES Experience Clients Team News Contacts