The tremendous market recognition of Law Offices of OMP is due to its consistent advising major agrarian holdings. One landmark representation of 2013 is advising Mriya Agro Holding on a USD 400 million Eurobond issue. Other important projects derived from comprehensive M&A support and land transactions. Notably, the 15-lawyer team represented LNZ Group with extension of the land bank and advised the UK investment fund on the acquisition of two agricultural companies. Agrofuel, Inagro, Ukragro NPK, HarvEast Holding, MHP Group, Harvest Holding, APK are in the client list. Mykola Orlov, partner, is one of the most known legal practitioners in the market.
In 2013 the national heavyweight Asters was boosted by extensive instructions in the sector. The recent standout projects in M&A is advising Creative Group on the exit of minority shareholders of the group’s soybean business division and legal support to Pfeifer & Langen Group on acquisition of a local sugar trading company and assets of the Chortkiv sugar plant from the Kernel Group. With its wealth of experience of how capital markets work, the team advised the lead managers on the USD 400 million Eurobond offering by Mriya Agro Holding. The legal presence of establishing, investing and businesses support belong to the scope of Asters’ offering in the sector. Partners Oleksiy Didkovskiy and Armen Khachaturyan, both extremely bright market figures, led the projects.
Avellum Partners retains the position of a legal counsel preferable for transactional projects in the agrarian sector. The firm is among the major legal counsels on financing Ukrainian agribusiness. Notably, with the favorable conditions for raising funds on international capital markets the team, as led by partner Glib Bondar, was among the top counsels of Eurobond issues. For instance, his team provided legal support to Myronivsky Hliboprodukt Group on the new issue of USD 750 million high yield notes and advised UkrLandFarming on loan agreements extended by Landesbank Berlin AG with the support from Euler Hermes and EKF. The team, guided by Mykola Stetsenko, managing partner, was active on the M&A front. Recent deal records included advising Kernel Holding S.A. as to the binding agreement on acquiring 80% interest in a farming business and A1, a leading Russian investment company, on the acquisition of three agricultural enterprises in Ukraine.
AstapovLawyers international law group customarily hada particular focus on representing agricultural companies in international arbitrations, especially GAFTA and FOSFA, as well as LMAA. Eugene Blinov is the key partner involved. The group’s corporate and M&A group, as led by Oleh Malskyy, is regularly instructed for client’s projects including outbound ones. The list of clients includes Cargill Financial Services International, Ivolga Group, CJSC Agrogard, Artis-Agro Export, Bunge, Sun Trade, Agrotrade, EFKO Group, Lauffer Group, Risoil S.A., etc.
Moris Group is a known legal counsel among Ukrainian agrarian holdings and serves such clients as UkrLandFarming PLC, AvangardCo IPL, Olimpex Agro LLC. In particular, the team provides regular corporate and M&A advice to numerous enterprises of UkrLandFarming, the largest Ukrainian agro-industrial holding company. The group is a vivid player on the agrarian M&A. In addition, the firm’s lawyers resolve administrative and corporate disputes for clients in the agrisector. In the previous year, Moris Grouprepresentation to Makarov Poultry Plant, a subsidiary of AvangardCo IPL, in atax dispute with the Regional State Tax Authorities on annulment of the tax decisions notice; and Bogoduhiv Poultry Plant, a subsidiary of AvangardCo IPL, in a dispute with the State Price Inspection (Kharkov Region) with regard to economic sanctions recovery. Andriy Romanchuk, managing partner, Maryan Martynyuk, Volodymyr Kostyuk, partners, worked on sectoral assignments.
Instructions from the agrarian sectorconsist of a steady workload for Arzinger, one of the biggest Ukrainian law firms with the favorable regional network of offices. The firm delivers advice to many sound names, namely Alfred C. Toepfer, Big Dutchman Ukraine LLC, Singenta LLC, Oikocredit, Nufarm Ukraine, ACTI Kamyansky Elevator and others. In 2013 the team defended the interests of Alfred C. Toepfer International (Ukraine) LLC in a dispute with a grain storage operator and handled several disputes with tax authorities. The finance team enjoyed a substantial increase of ECA-covered export financing. In particular, Arzinger acted for Raiffeisen Bank International AG on providing ECA covered export financing facility to a Ukrainian agricultural company. Sergiy Shklyar, Natalia Martynyuk, Andriy Selyutin, Lana Sinichkina managed projects in the agricultural sector.
Vasil Kisil & Partners commanded a diverse project portfolio including corporate, competition, arbitration, tax, trade, land, construction and regulatory work. Pioneer Hi-Bred International, Inc. and Du Pont Corp.attractedthe team guided by firm’s partner Alexander Borodkin, as a legal counsel on construction of seed production facility in Poltava Region. His team has also advised Multeurope Groupon the merger of five agricultural companies engaged in barley and the silo business in Ukraine. The arbitration practice headed by Oleksiy Filatov, partner, has grown its representations, among others, acted for Ramburs Group in GAFTA arbitration proceedings against subsidiaries of a large Ukrainian agricultural holding. Denis Lysenko, partner, and Ivan Yurchenko, counselor, advised Ramburs Group and NCH Group on transfer pricing, trade and customs risks. Oleg Alyoshin, is another key partner in managing the practice.*
* In July 2014 Oleksiy Filatov has been appointed deputy head of the Administration of the President of Ukraine.
In August 2014 five partners – Denis Lysenko, Mariya Nizhnik, Anna Babych, Oleksandr Mamunya and Yulia Kyrpa left Vasil Kisil & Partners and established Aequo law firm.
Multi-disciplinary capacities and an international reach enables Dentons to cover agricultural queries. The Kiev office is especially known for its strength in M&A and finance. Agrogeneration, Bonduelle, Noble Group entrusted the team to be a legal counsel of their business projects in Ukraine. Partners Ihor Mehedynyuk (corporate/real estate), Markian Silecky (corporate/real estate), Volodymyr Monastyrskyy (corporate/real estate/competition), Natalia Selyakova (banking and finance) make up the Kiev team.
Since the dispute resolution team of Integrites was headed by senior partner Vyacheslav Korchev, the firm demonstrated international litigation and arbitration growth. Thus, the team acted for PJSC Rise (a part of UkrLandFarming) in GAFTA against Nibulon, and acted as a co-legal counsel to large Ukrainian sunflower oil producer and trader in connection with the winding-up procedures launched against its debtors in variety of jurisdictions. Integrites stands out for established trade finance and corporate practice. This past year the team advised VAPG on trade finance deal under the guarantee of Euler Hermes, export-credit agency of Germany. Denys Kytsenko, counsel, is another key figure in handling recent sectoral projects.
ARBITRADE, a local arbitration boutique renowned for its soft commodities arbitration practice. The dedicated team, as led by Yuliya Chernykh, carried out numerous proceedings before the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine, GAFTA and FOSFA proceedings. Among the clients of the team are EFKO (Russia), Edible Oil Trading LLP (UK), Exoil Trading S.A. (Switzerland), Skaneja (Lithuania), as well as Ukrainian companies Veres and Agrotrade. In 2013 the firm developed its international trade in soft commodities practice.
Sayenko Kharenko is an experienced market player advising on capital markets and finance deals, sectoral acquisitions, arbitrations and dispute settlement. In particular, in 2013 the finance team advised on the first Eurobond issue by Myronivsky Hlibopro- duct. Nordic Environment Finance Corporation (NEFCO) regularly instructs Sayenko Kharenko on project financing to Ukrainian agribusinesses aimed at implementing energy-saving technologies. Among recent sectoral M&A is representation of one of the largest Ukrainian distributors of seeds on the sale of its business to an Irish agricultural company. The arbitration team represented the subsidiaries of a Ukrainian agro-industrial group in a series of inter-related GAFTA arbitrations against one of the leading international trading companies in the field of agricultural commodities. Firm’s partners Michael Kharenko, Vladimir Sayenko, Nazar Chernyavsky, Tatyana Slipachuk have solid experience of servicing agricultural clients across their areas of specialization.
DLA Piper customarily serves agricultural companies, both Ukrainian and international. Among the projects handled by Kiev office — IPOs, legal support on cross-border financings and corporate restructurings of agricultural companies, due diligences, advice on land use, etc. The office recently advised a major Ukrainian agricultural producer on the acquisition of a land plot for the purposes of further construction of a port terminal in one Ukrainian port. Natalia Kochergina and Oleksandr Kurdydyk, partners, advise agricultural clients. Dmytro Pikalov and Rodion Ignatenko, senior associates, are key practitioners involved.
ILF demonstrated consistent development of its capital markets practice and a multi-disciplinary approach for recently completed instructions.The team accomplished benchmark representation of Cereal Planet on its initial public offering on the NewConnect, at the Warsaw Stock Exchange. Another consistent client, BASF SE, instructed ILF to handle due diligence of agreements and promissory notes, recovery of bad debts and supported the client in the supply of agrochemical products with the use of 100 ordinary and transfer promissory notes. Serhiy Silchenko and Anton Zinchuk are the main practitioners.
Egorov Puginsky Afanasiev & Partners (EPA&P) isregularly attracted to support activities of the agrarian business. In 2013 the Kiev office provided full scope advice to Sodrugestvo Group on acquisition of grain silo facility Tagancha; and advised Casillo Commodities S.p.A. on tax and legal aspects related to its contemplated market entry. Oleg Boichuk, counsel, leads the agribusiness practice at EPA&P Ukraine.
CMS Cameron McKenna is centered on infrastructure-related investment projects, finance and corporate assignments derived from the sector. The officefinance team adviseda major financial institution on a USD 62 million loan to a Ukrainian stevedoring company for financing the construction of a grain transhipment complex in the port of Odessa. Furthermore, the office was enlisted to represent a leading agricultural company with regard to complex due diligence in connection with construction of a grain terminal in Nikolaev Region as well as advice on potential acquisition of port-related assets located on the Black Sea.Managing partner Daniel Bilak, who led the real estate and infrastructure projects, banking and finance, was supported by Nataliya Kushniruk, Yulia Zemskova,and Victoria Kaplan.
In the light of its impressive banking and finance track records, the Kiev office of Clifford Chance possesses a wealth experience in the financing of the Ukrainian agricultural sector. Recent mandates of the team include advising Valinor, one of the largest agricultural businesses in the CIS, on up to USD 20 million financing from Deutsche Bank AG; and acted for a syndicate of international banks on the amendment and restatement of the USD 600 million financing of UkrLandFarming. Dmytro Fedoruk and Nataliya Gerus were named as the principal practitioners of the office.
The corporate and M&A team of Chadbourne & Parke has been busy handling subsequent advice in the sector. The Kiev office represented the agriservices group Origin Enterprises Plc in the course of 60% stake acquisition of Agroscope Ukraine, a seeds and agrichemicals business in Ukraine. The team’s ongoing work is consistent, advising on various corporate matters for Gruma International Foods S.L. Projects are overseen by managing partner Jaroslawa Johnson.
International Legal Center EUCON is known for its deep tax focus, covering contentious and non-contentious matters. The center has a vast sectoral clients portfolio, which includes Russia, Agricultural LLC, Agrofirma Rubanskiy, Promin Galychyna, Promin Agro, Agrofirma Shargorod, Zhoravske, Agricultural LLC and others. The recent dedication of the team derived from the representation in tax disputes, namely invalidating tax decision notices. Yevgen Petrenko and Vladymyr Bevza are the primary litigators. The center enjoys extremely high academician reputation of its scientific counsel Anatoliy Miroshnichenko, who is one of the brightest minds in Ukrainian land law. The center is headed by Yaroslav Romanchuk, anacknowledged tax practitioner.
Agrarian clients are one of the core focus areas of IMG Partners. The team has a number of big agrarian holdings among its clients. Amongst the recent sectoral workload, tax disputes made up a substantial role. Ihor Melnyk, managing partner, is the main figure.
Beiten Burkhardt preserved its steady relations with investors and international financial institutions. Over the past year the office advised Gerrom Invest Holding GmbH, an Austrian agricultural investor, with respect to the restructuring of Ukrainian companies, corporate, land, tax and general commercial issues. The Kiev finance team advised the EBRD on a financing package to Agrotrade Group of Ukraine and on equity investment in ED&F Man Ukraine Investments B.V., to acquire a minority stake in the holding company and finance beet production as well as the purchase and installation of sugar beet processing equipment. Julian Ries covered investment and restructuring, Oleksiy Feliv dealt with land and construction, Oleh Zagnitko was in charge of trade finance. The office was closed down in December 2013. Beiten’s team joined the Kiev office of Gide Loyrette Nouel in 1 January 2014.
Gide Loyrette Nouel featured in supporting agrarian clients of French origin in their business activities in Ukraine. The Kiev office advised AgroGeneration,a French agro producer, on EUR 100 million merger with international agricultural group Harmeli; and Briziums, a major French agricultural company, on acquiring a crop farming company in Ukraine. The projects are run by office head Bertrand Barrier and Illya Tkachuk, senior lawyer.
Volkov & Partners is involved in the international trade focus andcommodities arbitration practice. The compact team under the guidance of Andrii Zablotskyi advised the Ukrainian Grain Association with regard to Ukraine’s WTO obligations in agriculture in connection with the anticipated signing of the Free Trade Agreement with the EU and continued representation of a leading national producer and exporter of grain, Nibulon, in a number of GAFTA arbitration proceedings as to imposition of grain export restrictions in Ukraine in 2006 and 2010-2011.
Konnov & Sozanovsky has many years of experience in connection with consulting agrarian clients on various legal issues. LLC Bayer attracted the firm for supporting land lease issues, due diligence, pesticides and agrochemicals clearing and other issues. The main contacts for the practice are Olena Kochergina and Leonid Gorshenin.
Lavrynovych & Partners stands out for comprehensive investment projects support. The firm supported Belgrankorm-Poltavschina with regard to the structuring of a farming complex with attracting investment and tax planning. The practice is headed by partner Iryna Marushko, with the support of Olena Zubchenko, associate partner.
Marchenko Danevych law firm (established in December 2013as a result of the merger of Danevych Law Firm and Ulysses) land and regulatory matters advice was strengthened with tax expertise. Among the recent highlights are legal support to Dan-Farm Ukraine LLC, including pre-acquisition legal due diligence of several agricultural enterprises including analysis of land and regulatory matters, advice on fulfillment of the orders of State Agricultural Inspection in the sphere of land usage, land lease. Vadym Shestakov, senior associate, became the practice head.
Misechko & Partners,a Ukrainian law firm with avivid focus on contentious matters, increased its litigation profile record with successful tax and land disputes. In particular, the team, as led by its managing partner, Volodymyr Misechko, acted for such domestic agrarian names as Tarkhankut Agro, Elevator Octobrskoe, AK Samobranka-2. More specifically the firm represented Bilyaus Agro in a tax dispute with regard to cancellation of tax decision notices and AK Samobranka-2 in a dispute with the State Administration with regard to extending a land lease agreement.
The Kharkov-based Kibenko, Onika & Partners, is regularly enlisted as a preferred legal counsel to advise agrarian clients, namely Semtrav Ltd, Kharkovplemservis Agricultural Company and others. The recent practice of the firm included representation of agricultural enterprises on land loan projects. Yaroslava Onika and Fedor Shimko are the primary practitioners.
Jurimex Law Firm commands solid expertise of land law issues. Furthermore, the past year saw the firm act on comprehensive investment projects, inter alia, assisting Agrodom Ltd on construction of milk marketable complex. The trade lawyers acted for Bontrup Ukraine Ltd with regard to providing legal support for the export of agricultural goods. Roman Muha is the main practitioner. Oleksandr Shyshkanov is a lead partner with substantial expertise in land law.
Gramatskiy & Partners maintains active involvement in comprehensive support and is experienced in handling disputes. The teamrendered direct assistance to Investtradeservice company on complex programs of agriculture commodities import; and Agrochemical Technologies Company on trade in fertilizers and plant protection assets, acquiring agriculture equipment. Andriy Trembich and Bogdan Chaban provide expert support in the firm.
Law Firm Dynasty,which is based in Dnepropetrovsk, is a known regional legal counsel for its extensive record on commercial, civil and tax disputes. The firm represented Louis Dreyfus Commodities Ukraine in a commercial dispute to nullify rape supply agreement and Agrotek LLC in a tax dispute with the Dnepropetrovsk Customs Office. Denys Myrgorodsky, Anna Poddubnaya, Snejana Karagodina, Natalia Kozakova were involved in recent representations.
Agrarian clients constitute the lion share of the client portfolio of AGA Partners. This Ukrainian firm is mostly known for its international arbitration standing and commodities trade practice. The team, as led by managing partner Aminat Suleymanova, provided advisory to UkrLandFarming, Zerno-Trade, Loture, Ramburs and others.
Dmitriy Alexandrov, Alexandrov & Partners, has a sharp focus on servicing agrarian clients. Oleksandr Polivodskyy, managing partner of Law Firm Sofiya, is known for his extensive agrarian land practice and deep scientific knowledge. LCF Law Group, a vivid Ukrainian litigation practice, headed by Anna Ogrenchuk, represents clients across commercial and corporate disputes. Soldatenko, Lukashyk & Partners, Lviv-based law firm, renders legal advice to Mikogen-Ukraine LLC, Mikogen-Center LLC, Agroprodukt LLC. Alexey Pukha & Partners advises on land agrarian enterprises on lease issues. KM Partners possess land and natural resources expertise.