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Land and other legislation affecting agriculture remain very complex and sometimes even archaic. This often creates barriers to investment and growth, which we constantly work to overcome.

Asters provides full-service legal support to agricultural companies. For years, Asters has advised major domestic and international agricultural companies in numerous high-profile transactions and provided innovative and reliable solutions.

For projects of any dimension, we serve as a one-stop shop and can build a customized task force with the right combination of expertise for all matters of agriculture industry.

We maintain good working relationships with public authorities giving our clients direct access as well as helping to identify potential issues early and to develop cooperative, time- and cost-efficient solutions.

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Firm recognition:

  • Recognized among the established practices for agribusiness in Ukraine, Ukrainian Law Firms 2020. A Handbook for Foreign Clients.
Representative experience:

We regularly advise major companies on various matters related to the agriculture industry:

  • ED&F Man Ukraine with respect to acquisition of sugar production facilities in Ukraine, including due diligence, structuring and documenting the deal; dealing with corporate, litigation, antitrust, employment, and tax issues; lobbying for legislative changes; assisting in anti-raiders’ actions
  • Enza Zaden on day-to-day corporate and contractual matters related to operation of its Ukrainian subsidiary; contractual issues ensuring proper transfer of copyright for key assets, as well as on counterpart's searches
  • Farmers Edge on establishment of business presence in Ukraine including corporate, regulatory, IP, and IT advice with respect to the usage and sale of its software in Ukraine
  • Monsanto on various issues of Ukrainian corporate law with respect to all aspects of its business activity
  • AMP Terminals on development of the container terminal
  • Alfred C. Toepfer GmbH on acquisition of several grain silos, including tax and legal structuring advice, negotiations, antitrust clearance
  • ADM tax structuring advice with respect to a joint venture project involving construction of sunflower seeds oil processing plant
  • Pfeifer & Langen on acquisition of local sugar trading company and assets of the Chortkiv sugar plant from Kernel Group
  • a fast-growing agro-industrial company on the acquisition of grain silo facility in Ukraine; on return of foreign currency received from export transactions
  • Bank of America Merrill Lynch, Royal Bank of Scotland, UBS Investment Bank and Dragon Capital on the debut USD 250 million issue of Eurobonds by Mriya group
  • European Bank for Reconstruction and Development in connection with loans provided for various purposes, including the financing of working capital needs, to Maisadour Semences Ukraine, NCH New Europe Property Fund L.P, Mriya group, Louis Dreyfus
  • International Finance Corporation with respect to complex restructuring deal with the Mriya group
  • International Finance Corporation in connection with financings, secured and unsecured loan facilities provided to major Ukrainian agriculture companies, including Mriya group, Astarta, Nyva Pereyaslavshchyny, Nibulon, Agrofusion
  • Morgan Stanley and ABN AMRO Bank N.V. as lead managers in connection with USD 250 million Eurobond offering by Myronivsky Hliboproduct (MHP)
  • ING Bank on pre-export finance facilities (i) USD 20 million to Grain Trading Company (Allseeds Group); (ii) USD 50 million to MHP
  • Nidera in a debt collection dispute, including recognition and enforcement of a foreign arbitration award in Ukraine, representing in negotiations with the debtor
  • Syngenta regarding debtor's assets foreclosure due to default upon agrarian (crop) receipt; on labour law issues regarding employment, restructuring, change of essential working conditions and redundancy of employees
Featured services:
  • setting up business presence and investments; corporate structuring;
  • corporate and project financing;
  • agricultural land, real estate and construction matters;
  • regulatory and compliance advice: food safety, labelling, environmental, sanitation and other requirements;
  • drafting and negotiating contractual documentation relating to production, storage and trading in agricultural goods;
  • due diligence and transactional support;
  • competition and compliance investigations;
  • representing before regulatory, government and enforcement authorities;
  • import and export operations, customs issues;
  • trade investigations and disputes;
  • sector-related disputes: litigation, arbitration and mediation;
  • insurance;
  • tax structuring.
Publications
Interim measures in support of GAFTA arbitration in Ukraine
Asters advises International Finance Corporation on USD 20 million financing to Nyva
The Verkhovna Rada May Abolish Mandatory Licensing of Fuel Storage for Agricultural Producers in Ukraine
The Law of Ukraine #2194 on improving the management system and deregulation in the land use law
A substantial change in the circumstances of agricultural contracts in Ukraine
Land reform in Ukraine: legal nuances
What is a substantial change in the circumstances and how to use this mechanism in agricultural contracts
The Chamber of Commerce and Industry of Ukraine noted a substantial change in the circumstances of agricultural contracts
Land reform in Ukraine: sale of agricultural land to foreign buyers is not allowed, but what about mortgage?
Agricultural land market introduction in Ukraine
Enactment of Law on Agricultural Land Market
Use of agricultural receipts in Ukraine
Asters defends interests of Bayer Ukraine before AMC
Agrarian receipts in Ukraine
Asters advises IFC on restructuring deal with Mriya
Ukraine Improves Agricultural Land Use Regulation
Raiding in agribusiness in Ukraine
Asters advises International Finance Corporation on USD 17 million financing to Agrofusion
Asters advises IFC on USD 30 million financing to Astarta
Asters advises International Finance Corporation on USD 12.5 million financing to Nyva
Transparent Insurance in Agribusiness - Road to a Civilized Land Market
Asters advises International Finance Corporation on up to USD 100 million financing to Nibulon
Asters advises on the first ever issuance of multimillion customs guarantee in Ukraine
Asters Advises International Finance Corporation on USD 25 Million Financing to Astarta
Asters acts as local transaction counsel to International Finance Corporation on USD 10 million financing to Integrated Agrosystems
Asters Advises EBRD on its USD 5 million Loan to V.V. Kischenzi LTD
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