Areas of Practice
Corporate & Labor
Mergers & Acquisitions
Antitrust & Regulatory
Compliance and Anticorruption
Dispute Resolution and Litigation
PSA Regime in Ukraine
Upstream Oil & Gas
Downstream / Project Finance
Finance / Banking / Capital Markets
Land & Construction
International Trade and Customs
OUR BANKING, CAPITAL MARKETS AND FINANCE EXPERIENCE
RULG assists many of the world's leading banks, financial institutions and private equity funds in their work in the banking, finance and capital markets sector in Ukraine, advising on matters ranging from regulatory and compliance, data protection and banking and financial services to trading debt and derivatives, purchasing strategic stakes in Ukrainian banks and financial institutions, to representing creditors and borrowers on loans and advising on numerous project finance deals. Examples of our recent work include:
- Represented international banks and financial institutions in their investment and M&A projects in Ukraine, including setting up their branches in Ukraine and acquiring Ukrainian banks. These projects involved due diligence, preparing legal opinions, advising on regulatory matters, assisting with drafting contractual documents and participating in negotiations as well as obtaining antitrust clearance in Ukraine.
- Preparing several comprehensive overviews of Ukrainian law on financial services, banking, currency regime and relevant regulatory requirements, including for financing, pre-financing and securing transactions, applicable data protection, anti-money-laundering and anticorruption regulations, as well as other compliance issues.
- Providing comprehensive advice on potential court claims for compensation of damage inflicted by the unlawful export of capital using the bank system and the laundering of money gained as a result of evasion of customs fees and taxes, including advice on appropriate jurisdiction and forum, applicable law, and recognition and enforcement of foreign court's decision in this case.
- Advising on regulatory and contractual aspects of resident-to-nonresident subordinate loans.
- Advised a major U.S. financial institution on technical regulations governing financial data transfers between Ukraine and abroad and other regulatory aspects of their activities in Ukraine.
- Advised a Russian Web services company and a major U.S. financial company regarding Ukrainian regulatory requirements for import of high technology items.
- Advising on complex, multi-jurisdictional secured project finance transactions.
- Drafting pledge and mortgage agreements for movable and immovable property, intellectual property rights, corporate equity stakes and accounts receivable to secure loans. Carrying out State registration of pledges and mortgages.
- Representing a major international financial institution in connection with several complex loan facility projects, which included full legal support of the deals, in particular advising on various regulatory implications affecting the projects, on securing the loans, and issuing legal opinions regarding enforceability of the transactional documents.
- Advising on several international loan (including OPIC-guaranteed) deals, including advising on securing the loans and conducting due diligence on collateral used to secure the loans.
- Representing a U.S. commercial finance company in connection with a loan project supported by OPIC, including providing comprehensive legal support for securing the loan, drafting securitization documents, issuing legal opinions regarding the enforceability thereof, performing due diligence on the borrower, relevant authorizations and collateral and advising on regulatory issues.
- Assisting Western creditors in defending their interests in collateral owned by Ukrainian companies undergoing bankruptcy procedures.
- Advising U.S. financial institutions on requirements for trading common stock on Ukrainian stock exchanges, and for trading derivatives, debt, currency, and equities in Ukraine.
- Preparing a comprehensive survey for a major German bank on trading in swaps and listed securities.
- Performing due diligence on pre-initial public offering-companies and advising on IPO-related legislation. Written about, and given presentations on the practical aspects of holding initial public offerings for shares in Ukrainian companies. One such presentation included the President of the Warsaw Stock Exchange as a co-presenter.
- Preparing for a global investment bank, on an on-going basis, the Ukraine section of the Manual for Private Banking Cross-border Activities and guidelines on legal and regulatory regime applicable to private banking activities.
- Advised several Western clients on setting up employee stock option purchase plans in Ukraine or permitting Ukrainian employees to take part in their international stock option plans and obtaining the required individual licenses of the National Bank of Ukraine.
- Advised all of the "Big Four" auditing firms currently doing business in Ukraine, on Ukrainian regulations affecting their ability to comply with the provisions of the U.S.'s Sarbanes-Oxley Act.