PHENOMENA, LLC

Leonardo Business Centre, 11th Floor

19-21 Bohdana Khmelnytskoho Street

Kyiv, 01030, Ukraine

Telephone: +380 (44) 359-0444

Fax: +380 (44) 359-0455

Email: office@phenomenalaw.com

CORPORATE / M&A / PRIVATISATION

CORPORATE / M&A / PRIVATISATION

PHENOMENA’s expertise in the area of Corporate Law, Mergers and Acquisitions and Privatisation is based on the unique practical experience of the Firm’s Partners. We are providing legal advice on various types of assignments in different industries ranging from metals and mining, power generation and distribution, financial institutions, to agriculture.

The quality of our Corporate practice is reinforced by a complex approach to any corporate transaction, which often triggers application of legal norms of antitrust, currency control, securities, tax and labour legislation. Our proactive approach and close cooperation of various practice groups of the Firm enable us to provide clients with comprehensive legal support.

Our attorneys provide full spectrum of legal services on the following issues of corporate law:

  • setting up legal entities of any form (e.g., limited liability company, joint-stock company, joint venture, and representative office of a foreign company) in various industries;
  • advising on corporate reorganisations and restructurings; and
  • providing legal support in connection with day-to-day corporate issues.

Significant part of PHENOMENA’s Corporate practice constitutes legal support of Mergers and Acquisitions deals. We have acted as legal counsel for both state-owned and private sellers, buyers, institutional investors, private equity investors, and financial creditors of buyers. In the context of M&A transactions, we offer our clients the following legal services:

  • conducting legal due diligence, organising data rooms and preparing legal due diligence reports;
  • structuring transactions from the Ukrainian law perspective;
  • participation in negotiations over and drafting sale and purchase agreements, shareholders agreements and other transaction documents; and
  • obtaining merger (concentration) and other regulatory approvals.

We have solid experience in privatisation of strategic enterprises in Ukraine, which well illustrates the depth and quality of our Corporate and M&A practices. As legal counsel for the seller, our lawyers advised the State Property Fund of Ukraine on selling controlling stakes in six regional energy distribution companies through privatisation auctions, which generated over US$160 million for the state budget. On a buy side, one of our Partners represented Mittal Steel in US$4.8 billion acquisition of 93% state-owned interest in Kryvorizhstal, one of the biggest steel producers in Ukraine.

Finally, our Partners contributed to development of several normative acts that currently regulate privatisation of strategic assets in our country.