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Accessing Capital in Light of Uncertainties of War

Accessing Capital in Light of Uncertainties of War

Issue 10.12
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As the full-scale war continues into the second year, Ukrainian companies are facing unprecedented difficulties with attracting capital which is desperately needed to restore their day-to-day business operations and production halted by the military aggression. Predictably, international debt capital markets remain inaccessible not only to Ukrainian private borrowers but also to sovereign entities. The unpleasant situation worsens with high costs of borrowing, which have skyrocketed even more for Ukrainian borrowers since the outbreak of the war due to unsustainable country risk.

However, this gloomy picture is not without silver linings. A few recent noticeable changes cultivate a positive outlook and expectations for capital inflow next year. Notably, international financial institutions (IFIs) have substantially increased vital financial support for the businesses that suffered the most. Moreover, borrowers may not only expect to receive very generous restructuring terms but can also count on the lenders to inject new money to help a company recover from significant losses resulting from the war.

Undoubtedly, IFIs have become more willing to onboard new clients and have made investments in critical infrastructure and new constructions. On the other hand, the Multilateral Investment Guarantee Agency, the Development Finance Corporation, and other export credit agencies are now offering protection for investors and lenders against war risk, although the amount of coverage is still quite limited.   

Undoubtedly, institutional financial support is vital, but it is not enough. Many companies and projects are still unable to meet the eligibility and bankability criteria typically required by IFIs to extend financing. For this reason, investment funds turned their eyes to private investors which historically invested in real estate assets in Ukraine.

A deep crisis in the real estate market, low interest rates on deposits, and a complete ban on making investments abroad have left private investors with no instruments to invest in except, probably, sovereign bonds. Investment funds and companies (especially large retail chains) have grasped such a chance and offered investors covered corporate bonds and lease-revenue bonds backed by real estate assets as more lucrative options compared to sovereign bonds. It is too early to say if the bet succeeds but, hopefully, the issuance of covered corporate bonds may breathe life into the domestic capital market and may allow corporates to attract additional financing.

Unsurprisingly, transacting in domestic governmental bonds (so-called “war bonds”) has been growing exponentially after Russia’s invasion of Ukraine. Sovereign bonds remain the least risky but still relatively high-return instrument for investors. Additionally, FX-linked sovereign bonds help investors mitigate FX fluctuation risk, which is very high in the extremely volatile Ukrainian market. The bonds are very popular among foreign investors (individuals and entities) which are allowed to repatriate interest/coupon payments paid on sovereign bonds outside of Ukraine subject to certain conditions.

This makes bonds even more attractive for investors considering that, as a rule of thumb, divestments and pay-outs of dividends overseas are expressly prohibited. According to official statistics, the government has raised almost UAH 600 billion (approximately USD 15 billion) through public placement of domestic sovereign bonds denominated in local and foreign currencies since martial law was imposed. Sovereign bonds, especially EUR/USD-denominated bonds, are hugely traded in the secondary market and frequently bought by large exporters of commodities as a safe haven for foreign currency proceeds under export contracts. 

We expect that international capital markets will unlikely become more accessible to Ukrainian private and public borrowers until the war is over. Again, IFIs may be willing to subscribe to additional sub-sovereign or sovereign debt as part of their continuous efforts to support Ukraine.

We also predict an overall increase in direct investments and bilateral financing thanks to the coverage against political violence risk which has become available just recently. At the same time, the domestic capital market may, surprisingly enough, become a significant source of affordable capital for Ukrainian private businesses and a viable alternative to expensive corporate loans from either domestic or international lenders.

By Igor Krasovskiy, Partner, Integrites

This article was originally published in Issue 10.12 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

Integrites at a Glance

Founded in 2005, INTEGRITES is a full-service law firm with head office in Ukraine and representative offices in Germany and the UK.

INTEGRITES is particularly sought after for its cross-border work – sophisticated deals and transactions, complex dispute resolution, and projects which require in-depth industrial expertise, as well as for comprehensive advice on current business operations.

In 19 years in the market the firm has served 1500+ clients from around the globe, including Fortune 500 companies, international financial institutions, and recognized leaders in various industries: from real estate and construction, infrastructure, and agriculture to manufacturing, pharmaceuticals, and retail.

Climate Change Task Force within the firm provides clients with comprehensive advice on projects targeted at the sustainable development of their business and the country in the context of energy transition and green technologies.

The expertise of the team has consistently received recognition globally and domestically

Managing partner of the firm, Dr. Oleksiy Feliv, received The Lawyer European Awards 2023 as top-3 European managing partner of the year. Named as Commended, Dr. Feliv became the only Ukrainian representative selected for this nomination.

In 2023-2024 Yurydychna Gazeta (Ukraine) named INTEGRITES in top-5 firms with the widest impact on the development of the Ukrainian legal services market, with Dr. Oleksiy Feliv on top of the list of the most effective law firm leaders in the country.

INTEGRITES was shortlisted for Law Firm of the Year: Ukraine award by Chambers Europe and The Lawyer in 2021 and 2022.

Since 2020, INTEGRITES has been listed by GAR100 as one of the world’s best law firms in arbitration.

Firm's website: www.integrites.com