Corporate Law and M&A Practice
The Corporate/Commercial Law and M&A practice is among BEITEN BURKHARDT Kyiv’s core areas of expertise. BEITEN BURKHARDT Kyiv’s significant achievements in this field testify to the firm’s reputation as one of the leading law firms in the CIS.

BEITEN BURKHARDT Kyiv is focusing, inter alia, on the advising of clients in connection with mergers as well as the acquisition and sale of companies. Our teams have expertise in all conceivable forms of transaction, such as e.g. public takeovers, bidding procedures, leveraged buy-outs or management buy-outs and buy-ins. We represent companies and financial investors including private equity and venture capital funds.

The successful advising on a complex transaction often requires special know-how in other legal fields, such as e.g. labour law, industrial property protection, real estate law, antitrust law or tax law. Experts of BEITEN BURKHARDT Kyiv working in these fields support the respective M&A team, if required, and, in so doing, ensure and guarantee a prompt, comprehensive and successful implementation of the transaction.

In particular, the firm offers legal services involving:

• conducting legal due diligence on target companies for the purpose of acquisition or sale of shares/ownership interest in existing enterprises
• advising on complex cross-border transactions and day-to-day operations
• corporate restructuring aimed at optimizing taxation and business structure, improving the management of affiliated companies, as well as minimizing business risks
• consulting on the establishment of wholly-owned subsidiaries and joint ventures
• structuring acquisitions (share deals, asset deals) from the legal and tax perspective
• supporting negotiations on and rendering consultancy services for obtaining relevant licenses and permits from competent state authorities, filings with the antimonopoly authorities regarding approval of business formations, reorganizations, acquisitions and changes in management structures
• advising companies on interaction with clients, suppliers, personnel and state authorities
• alternative dispute resolution, representation of clients in state courts and before arbitral tribunals.

Our representative experience in Corporate Law and M&A can be downloaded here.

Banking and Finance Law
BEITEN BURKHARDT Kyiv has the global perspective and local experience to complete even the most complex transactions for corporate borrowers, commercial and investment banks, funds, financial institutions and governments.

Amongst others, the scope of our services encompasses the following:

• assisting in the selection of the optimal form of borrowing
• structuring capital markets entry
• conducting comprehensive and limited legal due diligence
• issuing legal opinions on the matters of banking, financial and commercial law
• providing legal assistance in bilateral and syndicated loan facilities
• advising and conducting transaction management in indirect Eurobond issues
• advising and conducting transaction management in direct debt and equity securities issues (various segments of stock exchanges in London, Luxembourg, Frankfurt am Main, Zurich) – bonds, GDRs
• advising in hybrid and secured bond issues
• advising and conducting transaction management in initial public offerings (IPOs)

Our representative banking and finance experience can be downloaded here.

Tax, Customs and Litigation Practice
Ukrainian markets give rise to many complicated tax issues that require expert knowledge of both local and international tax legislation. According to a World Bank survey Ukraine is ranked 139th as regards the simplicity of doing business in the country. Since the Ukrainian tax system is under development and is therefore constantly undergoing changes, and since litigation legislation and practice differs from the concepts to which foreign companies are accustomed, we advise our clients to seek professional advise whenever they deal with tax and litigation matters.

At BEITEN BURKHARDT we offer our clients a wide range of legal services in connection with tax, customs and litigation issues, including structuring operations so as to reduce effective tax rates, transfer pricing, tax disputes and post-acquisition integration.

We represent both buyers and sellers in a variety of mergers and acquisitions across Ukraine, advising our clients together with our M&A, Banking & Finance, and Corporate law practices on corporate tax planning, including local and cross-border mergers and acquisitions, VAT, corporate, profit, personal income and other tax issues. 

In particular, BEITEN BURKHARDT offers the following tax-related legal services:

• Rendering tax advice on all aspects of our clients' day-to-day business activities
• Tax consulting on major or ambiguous issues
• Tax planning and developing strategies from the perspective of tax effectiveness
• Tax structuring including advice on overseas jurisdictions and international taxation
• Tax assistance during M&A and various business reorganizations
• Complex or selective tax due diligence
• Business reviews of tax compliance processes in the companies
• Drafting and negotiating any agreements from a tax perspective

Litigation
BEITEN BURKHARDT provides a full range of services, from drafting a dispute resolution clause to representation, if necessary, in dispute and enforcement proceedings. The Firms’ Litigation team represents clients in complex disputes in numerous areas, including: antitrust, banking and financial services, construction, corporate and securities, employment, energy, intellectual property and IT, international trade, real estate, regulation, tax and telecommunications.

BEITEN BURKHARDT’s Tax and Litigation Group offers a wide range of professional services in litgation, in particular:

• Instructing clients on their rights and obligations while being audited by supervisory state bodies
• Presence of Beiten Burkhardt’s representative in the client’s office at the beginning of an audit with the aim of acknowledging the authorities of the supervisory body and ensuring the audit complies with the law
• Preparation of complaints about auditor’s actions if they break the law
• Preparation of appeals against audit acts and decisions based on such audits
• Supporting clients at all stages of an appeal against tax debts
• Conducting court actions for VAT refunds
• Representing clients in courts of Ukraine on various issues
• Mediation of disputes in out-of-court actions

BEITEN BURKHARDT’s Tax and Litigation team is also able to provide its clients with high-level customs services:

• Customs due diligence (aimed at discovering risks)
• Customs review (aimed at revealing risks and opportunities)
• Advice on specific customs issues
• Customs planning (assistance with analysing business operations to minimize the costs and risks of international trade)
• Ensuring the correct application of tariff classifications, customs valuations and origin rules
• Liaising with customs authorities (assistance in negotiations and obtaining official responses)

Our representative experience in Tax, Customs and Litgation Practice can be downloaded here.