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Main Aspects of Aequitas Practice
Aequitas is engaged exclusively in providing a wide range of legal services to Kazakh and foreign clients. Legal assistance and advice are provided in the following areas:
Corporate Law
Advising clients in this sphere includes
establishment of legal entities (their branches, representative offices); legal
support to transactions involving merger and acquisition of companies and
assets; transactions on the transfer of blocks of shares into trust management;
advising on corporate management and general issues of corporate law. The firm’s
lawyers have a vast experience in conducting due diligence of various types of
companies. The firm has developed and verified in practice provisions of
internal corporate documents assisting in solving the dead-end situations and
overcoming gaps in the legislation on corporate relations. We have successfully
rendered legal support to the listing of securities of Kazakh companies at the
London Stock Exchange and Kazakhstan Stock Exchange.
This aspect of the activity is referred to the most active segments of the
firm’s practice and it commenced from the establishment of one of the first
joint ventures in Kazakhstan with foreign capital in 1993.
Subsoil Use
Subsoil use is one of the key aspects of the firm activities.
Aequitas represents major oil and mining companies, including rendering legal
assistance in drafting and execution of subsoil use contracts, including
production sharing agreements; the firm acts as a legal adviser in the
implementation of such projects as establishment of joint ventures; merger &
acquisition; privatization and financing; construction of pipelines and
infrastructure in the performance of activities in oil and mining industries.
The reputation of the firm in this sphere is confirmed by the fact that from the
first days of the firm’s work and through the present time one of the first
clients (from 1993) is corporation Exxon (ExxonMobil Corporation).
Banking; Finance;
Capital Markets
The clients of the firm are major world banks, financial
organizations, and companies. We were advising our clients on derivative
financial instruments, regulatory issues and many other types of financing,
including syndicated loans; project financing; financing of acquisition of
assets and blocks of shares. One on the most active segments of the current
practice of Aequitas is representation of the lead managers in placement of
bonds by major Kazakh companies at the international financial markets.
Among the first projects of Aequitas was providing consultations to Chase
Manhattan Bank on the issue of establishment of a joint investment bank in
Kazakhstan in 1993.
Construction
The firm renders, on a regular basis, the legal services in the area
of construction of infrastructure facilities servicing the major oil companies’
projects, including construction of an artificial island in the Caspian offshore
zone; infrastructure facilities in the Caspian Sea ports; oil pipelines. The
firm rendered services in connection with the implementation of projects
financed by the World Bank for construction of irrigation systems, construction
of objects of social infrastructure. Aequitas acted as an adviser on the
evaluation of legal risks of the contemplated construction of the unique ski
mountain complex and Olympic village in the foothills of Zailiyskoye Alatau. We
have also protected the interests of the Kazakhstan Government in a dispute with
the group of foreign contracting companies pertaining to reconstruction
(construction) of a section of Almaty - Astana highway of the Republic’s
significance. Lately, Aequitas actively represents the interests of foreign
investors in a number of major projects on construction of micropolises and
other objects of civil construction in the city of Almaty.
Information
Technologies, Telecommunication, Postal Services
Representation of interests in that sector includes advising
the Kazakhstan Government in connection with the tender privatization of the
national telephone company; legal assistance, including the performance of due
diligence, in purchase of cellular operator and also satellite and cable
communication operator; advising, on a regular basis, an international postal
company on all aspects of Kazakhstan legislation. The firm is a legal adviser
of the leading companies rendering telecommunication services.
Energy Sector
The expertise of the firm’s lawyers in the energy
sector projects includes business structuring and acquisition of assets,
privatization of combined heat and power stations in the Northern and Eastern
Kazakhstan, legal support to projects in the coal sector and current activity of
heat supplying and electricity companies, settlement of disputes related to the
energy projects in international arbitration.
Agricultural Industry
During the entire period of its activities, the firm renders services on a wide
scope of issues of agricultural industry, including on various types of legal
security of debts of Kazakhstan grain producers for the chemicals supplied to
them; documentation of rights to land use; settlement of disputes with grain
storage facilities; agricultural machinery leasing, and other
agriculture-related issues.
Settlement of Disputes
The
Firm has a long-term experience in successful representing the clients’
interests both in international arbitration bodies and in courts of Kazakhstan
and foreign states on a very vast range of issues. Our lawyers participated in
the development of recently adopted laws on arbitration tribunals and
international commercial arbitrage. The Firm has on the staff a consultant who
earlier was a judge of the Supreme Court of the Republic of Kazakhstan. Some
representatives of the firm are members of a number of arbitration tribunals in
Kazakhstan and abroad, and also read lectures for candidates for master’s degree
at legal educational institutions and working judges of Kazakhstan courts.
Consumer goods and
Industrial Products; Trade.
The Firm’s layers have a very significant practice
in advising the clients in the field of production, distribution, marketing, and
sales of consumables and industrial products, including in drafting and entering
into contracts, representation of clients’ interests in the state bodies,
disputes settlement, selection of regimes of customs clearance of freight,
standardization, certification, and advertising.
Ecology
The firm always paid much attention to the issues
of ecology that are closely connected with the implementation of the projects in
the area of subsoil use and energy. The experience in such area includes both
advising on legal regulation and legal evaluation of ecologic risks as well as
settlement of disputes arising from the environmental pollution. The firm
rendered assistance to ExxonMobil Corporation and its local JV in the
preparation of the classifier of ecological and other legislation which
regulates the ecological issues; represented the interests of Tengizchevroil LLP
in connection with the consideration at the Supreme Court of the Republic of
Kazakhstan the case on compensation of ecological damage, and provided general
consultations on the issues of ecology. Aequitas advised international
consortium OKIOC which implements the project for exploration for oil in the
Caspian region on the scope of responsibility as provided for by Kazakhstan
legislation for oil spills; the firm provided general consultations on the
ecological issues for a number of other companies in connection with their
projects in Kazakhstan, as well as regular review of ecological aspects in the
performance of due diligence of various companies.
Due Diligence The firm carries out the due diligence of activities of enterprises in
connection with different projects of our clients including the purchase of
shares and assets, financing the activities, assignment of the rights and
licenses for the subsoil use. The firm participated in the performance of due
diligence of activities of the enterprises which are of importance for
Kazakhstan economy.
Privatization
The
firm’s experience in area of privatization may be called unique. Lawyers of the
firm advised the major foreign investors as well as governmental bodies in
privatization of important objects in the area of oil and gas, gold, metals,
uranium production, manufacturing of mass consumer goods.
Labor issues
Labor
issues are referred to one of the most active areas of interests of our
clients. During the work we have to resolve a great amount of the issues,
including drafting and legal review of individual employment contracts and
collective agreements, regulation of labor of foreign employees, employees with
non-standard working day and employees working under rotational basis,
representation of the clients’ interests in relations with the state agencies
and trade unions, obtaining permits for attraction of foreign labor, advising on
the issues of remuneration, liabilities of employees and employers, labor
safety, compensations, business trips, etc. Lawyers of the firm often solve the
non-standard problems that are not clearly regulated by the current labor
legislation. We have a great experience of protection of the interests of both
employers and employees of the local and foreign companies.
Other Projects
During the entire
its history which goes back practically to the moment of declaration of
independence of Kazakhstan, Aequitas actively works in different spheres of
activity and on various projects, using and improving its experience and
expertise.
The Firm showed itself to the best advantage in such spheres as
insurance, intellectual property, mass media, railway and water transport, and
many others. Thus, the firm was an adviser in the pilot project of
commercialization of the railway network together with the Swedish Corporation
Swederail, participated in the project of the European Bank of Reconstruction
and Development on development of commercial navigation law, on a regular basis
renders consultations on different insurance events and disputes, provided
assistance in registration of a series of trade marks and other
individualization means.
In the course of vigorous professional activity in which Aequitas was engaged
all these years, the lawyers of the firm had to solve a great variety of
problems, and the firm had acquired experience practically in all spectra of
laws significant for business. In addition to commercial issues the Firm
participated in a lot of non-commercial projects, such as assistance to the Red
Cross and Red Crescent Society, support of the other non-commercial associations
and formations.
Analytical
Research and Lawmaking Activity
In addition to successful practical work, the firm is
well-known for its analytical research and active participation in the
development and improvement of the legislative acts of Kazakhstan.
Over the recent years, Aequitas makes reviews of the laws of Kazakhstan in the
field of oil and gas and solid minerals for global review «Getting the deal
through» annually published by IBA; reviews on the issues of liquidation and
bankruptcy, reviews on regulation of labor relations published in annual reports
of the World Bank – Doing Business in 2005; Doing Business in 2006, Doing
Business in 2007. Analytical papers and reviews of our lawyers on the various
aspects of Kazakhstan law are regularly published in specialized journals and
analytical legal reviews in Kazakhstan and abroad.
Partners of the firm directly participated in the development and improvement of
the most important acts of civil and economy legislation of Kazakhstan,
including such basic laws such as the Civil Code, the Law on Foreign
Investments, the Law on Petroleum, laws on different legal entities, etc.
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