As a rule, transactions with securities, including shares in joint stock companies, require the engagement of an investment firm, in particular a securities broker. At the same time, the Law of Ukraine “On Capital Markets and Organised Commodity Markets”, which entered into force on 1 July 2021, provides for several exceptions to this rule. Indeed, an investment firm engagement is not required for the transactions made outside of Ukraine.
Ukraine’s New Cutting-edge IT Law
Ukrainian Government has pledged to bring economic opportunities for foreign investors by digitalising the country and liberalising business laws. A big part of this promise comes with a new law “On Stimulating Development of Digital Economy in Ukraine” (“Law”). Most provisions of the Law came into force on 14 August 2021, but the Law will be operative in 2022 once all regulations are in place.
Buyers Become More Demanding with Respect to Potential Targets, AVELLUM’s Survey Reveals
AVELLUM for the second time researched how the coronavirus outbreak affected the plans of businesses to purchase or sell assets or companies in Ukraine in the next 6 to 12 months. We surveyed over 90 owners, top managers, and heads of legal departments of Ukrainian and international companies in 2021.
Ukrainian Competition Authority Puts Corporate Investment Funds under Spotlight
Over the past year, the Antimonopoly Committee of Ukraine has been closely scrutinizing business structures involving corporate investment funds during the review of merger control notifications. In particular, the regulator is interested in relations of control among asset management companies, corporate investment funds, and their shareholders. Depending on the regulator’s position, the list of parties to a concentration can be significantly wider than one may probably realize.
Ukrainian Competition Authority Puts Corporate Investment Funds under Spotlight (2)
Over the past year, the Antimonopoly Committee of Ukraine has been closely scrutinizing business structures involving corporate investment funds during the review of merger control notifications. In particular, the regulator is interested in relations of control among asset management companies, corporate investment funds, and their shareholders. Depending on the regulator’s position, the list of parties to a concentration can be significantly wider than one may probably realize.
Is Ukraine The Future Hydrogen Valley?
Over the past years, Ukraine expressed its intention to step on the energy transition pathway, develop energy efficiency measures, phase out fossil fuels, and switch to renewable energy sources (RES). The development of green hydrogen production (based on electrolysis of water using renewable electricity) is part of the chosen direction. Therefore, the Ministry of Energy of Ukraine and more than 20 Ukrainian companies have joined the European Clean Hydrogen Alliance to coordinate efforts to develop hydrogen energy.
Doing Business in Ukraine: 30 Years of Independence
Let me start with a provocative statement: it is really easy and safe to do business in Ukraine today. As discussed in the article below, this is not a naive view of a Ukrainian lawyer but pure facts and statistics. Moreover, if you compare Ukraine with its neighbors, the contrast is startling: information transparency of companies coupled with super-fast registration procedures and special regime for IT companies are astonishing.
Hard At Work: Ukraine’s Busy Legal Market
The Ukrainian legal services market has been buzzing with work in the first half of 2021. CEE Legal Matters hosted a round table conversation in which Partners at Asters, Avellum, Integrites, Kinstellar, and Sayenko Kharenko discussed the driving forces behind the workload and their outlook for the months to come.
The Buzz in Ukraine: An Interview with Maksym Maksymenko of Avellum
According to Avellum Partner Maksym Maksymenko, the key developments in the country’s economy revolve around infrastructure projects, agricultural land regime liberalization, and large-scale privatization of certain state-owned companies. Maksymenko also reports several updates in legislation, primarily in the areas of zoning and city planning, and capital markets.
Ukraine: Lawful Options for Promoting Rx Pharmaceuticals in the Ukrainian Market
The fundamental goal of each company is to increase sales. For this purpose, players that operate in the Ukrainian pharma market utilize a wide range of promotional activities. However, Ukrainian laws on health protection allow very few of them when it comes to prescription (or “Rx”) pharmaceuticals.
Ukraine Introduces Tax Amnesty
On 21 July 2021, Law of Ukraine “On Amendments to Tax Code of Ukraine and Other Laws of Ukraine on Stimulating De-Shadowing of Income and Improving Tax Culture of Citizens by Introducing One-Time (Special) Voluntary Disclosure by Individuals of Their Assets and Payment to Budget of One-Time Duty” No. 1539-IX, dated 15 June 2021 (“Tax Amnesty Law”), entered into force.
Ukraine Imposes VAT on Digital Services Supplied by Non-Residents
On 2 July 2021, Law of Ukraine “On Amending the Tax Code of Ukraine on Abolition of Taxation of Income Received by Non-Residents in the Form of Payment for Production and/or Distribution of Advertisements and Improvement of Value-Added Taxation of Transactions Involving the Supply of Electronic Services by Non-Residents to Individuals” No. 1525-ІХ (the “Law”) entered into force. The Law introduces VAT on digital services supplied by non-residents to Ukrainian individual customers and abolishes 20% withholding tax on advertising services.
An Unusual Year in Review: Our Annual Expert Round Table
On December 15, 2020 CEELM gathered legal experts from across the region for its annual Year-in-Review Round Table conversation. In a wide-ranging discussion, participants shared opinions and perspectives on their markets, on strong (and less-strong) practices across the region, and the effect of the COVID-19 crisis on both, as well as on how technology is changing the legal industry, and what the industry will look like in 2021.
Ukrainian Renewables Sector – Liquidity Crisis
In recent years, international and local investors have been extremely active in the Ukrainian renewables sector – particularly in solar and wind projects – resulting in a significant amount of project finance and M&A activity in this sector.
Ukrainian Data Protection Considerations Related to COVID-19
The restrictions that have been implemented by most governments to tackle the COVID-19 pandemic have affected various sectors of the economy and changed the way most businesses operate.
Advancing Avellum
In 2009, deep in the throes of the global financial crisis, Mykola Stetsenko, a partner at Baker & McKenzie in Kyiv, stepped away from that secure position to start his own law firm. His ambitious move paid off, and now, eleven years later, the firm he launched – Avellum – is among the most successful and highly regarded in Ukraine.
IP Reform in Ukraine and its Impact on Business
Under the EU-Ukraine Association Agreement of June 27, 2014, Ukraine undertook to harmonize its legislation with EU law by 2023, including the regulatory framework for IP. Subsequently, in February 2020, the Parliament of Ukraine adopted a long-awaited set of draft IP protection laws (the “Draft Laws”), which are likely to have a significant impact on companies doing business in Ukraine, as well as on the measures which may be taken by businesses in connection with IP commercialization.