Entry into the Market of the Republic of Belarus

Intellectual Property

Protection of foreign titleholders on the local market:

• support with transboundary transfer of intellectual property titles;
• development of the best possible model of operation with intellectual property in Belarus;
• development of and support with registration of intellectual property transfer agreements;
• identification of intellectual property safeguards against unfair users;
• patent registration and maintenance;
• prevention and suppression of unfair actions of competitors and other intellectual property users in violation of the Client’s interests;
• customs protection of intellectual property;
• settlement of disputes arising out of intellectual property use.

HEAD OF DIRECTION

Antitrust Law and Competition

• antitrust consultancy and compliance;
• consultations and development of contracts in view of the Belarusian competition law provisions;
• clearance of corporate transactions and new business foundation with the antitrust agency;
• contractual relation structuring for the purposes of maximum tax optimization;
• prevention of the risk of administrative and criminal prosecution in the area of taxation;
• elimination of the risks of establishment of a permanent representative office of a foreign company in the Republic of Belarus;
• conduct of pre-investment tax due diligence of Belarusian companies;
• support with conduct of internal tax inspection in order to identify and minimize identified risks.

HEAD OF DIRECTION

Taxes

• conduct of pre-investment tax due diligence;
• adaptation of international tax policies from the prospective of Belarusian tax regulations;
• development of efficient and safe corporate tax policies for the purposes of risk minimization, inter alia, concerning transfer pricing, thin capitalization, affiliation and/or mutual dependence;
• contract relation structuring for the purposes of maximum tax optimization;
• prevention of administrative and criminal prosecution risks in the area of taxation;
• elimination of the risks of establishment of a permanent representative office of a foreign company in the Republic of Belarus;
• support with conduct of internal tax inspections in order to identify and minimize identified risks.

HEAD OF DIRECTION

Customs

Customs consultancy and compliance:

• development of an efficient mechanism of foreign economic activity;
• selection of the best possible customs procedures and operations;
• administrative and legal protection of business in disputes with customs agencies (contesting illegitimate actions and decisions of customs agencies, protection of interests in cases on administrative offenses, support with execution of court judgments associated with dismissal of administrative cases, as well as judgments without confiscation sanctions);
• support of investment project implementation in part of importing project equipment and materials to the Republic of Belarus.

HEAD OF DIRECTION

M&A

Risk identification, classification and description (inter alia, via the legal due diligence procedure), as well as provision of recommendations on risk elimination or minimization.

HEADS OF DIRECTION

Real estate

Legal advice and support of real estate transactions

• Legal support of acquisition and rent of commercial real estate.
• Legal advice on a commercial use of real estate and taxation issues.
• Legal due diligence of real estate, land plots, construction in progress.
• Advising on amendment and termination of contracts.
• Advising on mortgages and other security. Legal opinions for financial organizations.
• Legal advice on real estate in M&A projects and corporate transactions.
• Support of transactions on acquisition of residential real estate and land plots.
• Legal support in acquisition of residential real estate. Support in private real estate investments.
• Support in negotiations, conflicts and disputes. In this matter we are assisted by the Attorneys at law to whom we cooperate.

HEAD OF DIRECTION

Construction

Legal advice and support of construction projects

• Legal advice on land plots acquisition and obtaining construction permits. Development rights auctions, investment agreements, public-private partnership.
• Advising on project financing.
• Structuring and legal support of construction projects.
• Drafting and negotiation of construction contracts based on national and international forms and standards, including FIDIC contracts.
• Structuring transactions for joint participation in construction projects.
• Advising on amendment and termination of contracts.
• Advising foreign engineering, architecture and construction companies on entering Belarusian market and construction activities in Belarus.
• Support in negotiations, conflicts and disputes. In this matter we are assisted by the Attorneys at law to whom we cooperate.

HEAD OF DIRECTION

Personnel

Application of the best possible model of interaction with employees and managers in order to reduce reputation risks and avoidance of damages to the company through:

• legal registration of personnel rights and duties;
• development of a set of confidential information and commercial secret safeguards;
• development of documents required for potential recovery of losses incurred by employees;
• legal registration of incentive programs.

HEAD OF DIRECTION

Corporate governance (articles of association, partnership agreements, by-laws)

Maximum approximation with international standards corporate governance:

• development of incorporation documents and by-laws facilitating adequate and prompt control over the operations of corporate executive bodies;
• development of fully-fledged corporate institutions (supervisory board, board of directors) and operational support.

HEAD OF DIRECTION