1. Land & Property Due Diligence
We have established a ramified expertise in investigating the development projects in all regions of Ukraine. Our approach is based on full evaluation of possible legal risks and transaction-hindering under-surface traps of the project. We are keen on providing our client with maximum possible independent survey gathering most significant information from local authorities, public registers and other sources out of counterparty's control.
We address the due diligence survey in the way to thoroughly cover the maters both sophisticated international client and practice-oriented local developer, as well as their financial partners, expect to find among our conclusions. The scope of real estate due diligence meets all market standards and usually covers both corporate part for project holding company and property-related analysis, which latter covers:
We have established a ramified expertise in investigating the development projects in all regions of Ukraine. Our approach is based on full evaluation of possible legal risks and transaction-hindering under-surface traps of the project. We are keen on providing our client with maximum possible independent survey gathering most significant information from local authorities, public registers and other sources out of counterparty's control.
We address the due diligence survey in the way to thoroughly cover the maters both sophisticated international client and practice-oriented local developer, as well as their financial partners, expect to find among our conclusions. The scope of real estate due diligence meets all market standards and usually covers both corporate part for project holding company and property-related analysis, which latter covers:
- General investigation and description of property;
- Title scrutinize, its perfection and registration;
- Thorough investigation of root of title to property;
- Planning and zoning issues;
- Composition, location, accessibility and other status of the property; estimating the necessity to include the project to the boundaries of settlement;
- Evaluation of land management, project and design and other related technical documentation, its completeness, availability of required approvals and permits; defining the stage of design or construction process and necessary steps to be further followed;
- Land fee estimation;
- Revealing all encumbrances, liens, hypothecs, mortgages, pledges, restrictions to alienation, tax sequesters, servitudes, emphyteusises, superficies, usufructs, pre-emptive and other third party rights, and other limitations to use, disposal or development of the property; revealing of all related investment obligations before the state and municipal authorities related to development of the project;
- Investigation of other issues, to which the property is subject: insurances, listings, management deeds, to name few.
Our significant experience, follow-up of recent trends and perfect understanding of local market and its key figures gives us good background to even provide our most trusted clients with business advice on market credit of their counterparties in transactions and "political" peculiarities of particular projects in specific locations.
2. Acquisitions & Disposals, M&A in Real Estate Sector
Our extensive expertise in property acquisitions and corporate takeovers, combined with sound expertise in tax structuring, currency control regulations, cross-border settlements, merger clearance and other related areas gives our clients full comfort throughout the transaction starting from the pre-contractual arrangements stage to post-completion support.
Our services include:
- Land and property privatisation, including overall legal support of auctions and other tendering procedures and public bidders;
- Advising on pre-sale restructuring and tax efficiency planning;
- Counselling pre-contractual arrangements, documenting the parties' intents and preliminary "red flags" review of the project;
- Tactical structuring of the transaction, advising on mitigation of transaction-related risks, including consultancy on tax favourable jurisdictions, foreign investment and currency control matters etc;
- Advising on corporate structuring of land holdings with regard to land moratorium requirements and restrictions for foreigners to possess the lands;
- Efficient and reliable legal management of the transaction, ongoing interaction with clients and their counterparties for efficient promotion of the project;
- Drafting and negotiating the transaction documents: letters of intent, memoranda of understanding, preliminary agreements, share or asset purchase agreements, escrow, shareholders', loan, project management and other escorting agreements, etc;
- Participation in closing of the deal;
- Post-completion support that may include structuring of project or property management or shareholders' relations, establishment of new corporate governance and legal in-house expertise of the target, ongoing counselling of the project etc.
We advise greenfield and brownfield developers, financial investors and joint ventures, as well as asset-sellers on full range of deal structures from privatisations, land and property auctions, and other bid processes to corporate mergers and cross-border acquisitions of entire active businesses, bringing together our international experience and local knowledge.
3. Zoning, Planning and Other Regulatory Advice
Our team comprises of real estate market-acknowledged specialists specialising in land and real estate regulatory matters. We study various mechanisms of property operation and are skilled enough to highlight all possible options to develop the project within the legal frames of particular zoning or planning limitations. The major regulatory procedures we normally deal with are:
3. Zoning, Planning and Other Regulatory Advice
Our team comprises of real estate market-acknowledged specialists specialising in land and real estate regulatory matters. We study various mechanisms of property operation and are skilled enough to highlight all possible options to develop the project within the legal frames of particular zoning or planning limitations. The major regulatory procedures we normally deal with are:
- Definition of land category and particular intended use of the plot, functional use of the property. Finding the possibilities to benefit from available regime without alteration of zoning or planning regime;
- Rezoning of land plots for various purposes;
- Getting round the land moratorium bans and restrictions for foreigners to possess land plots;
- Development of agricultural lands;
- Inclusion of land plots to boundaries of settlements;
- Various land allotment and other land management procedures;
- Design procedures, alteration of construction projects;
- Construction permits and approvals;
- Commissioning of projects, including partial commissioning;
- Change of functional use of buildings;
- Division of premises in different inter-independent facilities with separate titles;
- Re-planning, refurbishment, reconstruction and renovation of properties;
- Investigation of possible zoning, planning, ecological, sanitary, seatbacks, listing, heights, noise, fire safety, and other limitations, and other regulatory and compliance advisory.
We follow the business practice in various regions of Ukraine and monitor local approaches to zoning and planning issues. Thus, despite the lack of uniform regulations we are always capable to picture the effective scenario for our client, normally accepted in its location.
4. Partnership, Investment & Joint Venture Arrangements
We are market-recognized experts in structuring of all types of collaboration relationships in the field of development and joint investment. Our extensive experience covers both international holdings and structures shaping and local business arrangements. We normally utilize personal approach to clients and their partners, carefully considering their specifics, the type of business they are in and expectations from particular investment, in the end suggesting the most appropriate mechanism.
Except for standard in the market investment, joint venture and shareholders' agreements, we offer our most sophisticated clients various forms of building partnership relations even on the level of other-purpose contracts, such as: memoranda of understanding, share purchase, project management, et cetera, as well as other creative legal mechanisms of structuring development businesses.
Our constant attention is also focused on legal appropriateness of particular arrangement to type of business, which it covers. We guide the client through the web of legislative bans and restrictions with regard to tax accounting, limitations to residential investment, complicacies of joint ventures regulations etc.
Our proven track record in structuring matters often gives our clients the confidence to solicit us for business or project management advice along with legal counselling.
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4. Partnership, Investment & Joint Venture Arrangements
We are market-recognized experts in structuring of all types of collaboration relationships in the field of development and joint investment. Our extensive experience covers both international holdings and structures shaping and local business arrangements. We normally utilize personal approach to clients and their partners, carefully considering their specifics, the type of business they are in and expectations from particular investment, in the end suggesting the most appropriate mechanism.
Except for standard in the market investment, joint venture and shareholders' agreements, we offer our most sophisticated clients various forms of building partnership relations even on the level of other-purpose contracts, such as: memoranda of understanding, share purchase, project management, et cetera, as well as other creative legal mechanisms of structuring development businesses.
Our constant attention is also focused on legal appropriateness of particular arrangement to type of business, which it covers. We guide the client through the web of legislative bans and restrictions with regard to tax accounting, limitations to residential investment, complicacies of joint ventures regulations etc.
Our proven track record in structuring matters often gives our clients the confidence to solicit us for business or project management advice along with legal counselling.
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