MYKOLA STETSENKO

Managing Partner

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Information

Mykola Stetsenko is the Managing Partner at AVELLUM and the Head of Corporate/M&A Practice. His additional expertise covers tax, competition, and real estate.

Mykola has extensive experience in all types of corporate transactions, including acquisitions, joint ventures, IPOs, and corporate governance advice. He advises on many of the firm’s headline deals for its most high-profile clients.

All the way through his legal career Mykola focused on complex, multijurisdictional transactions, some of which have set new market precedents and were recognised by many highly respected legal publications, including Chambers, IFLR, and Legal 500. Moreover, he is often involved in drafting of new legislation in Ukraine. Most recently, Mykola was heavily engaged in the development of Ukrainian corporate law, namely regulation of shareholder agreements, LLCs, corporate governance in public companies, and squeeze-out and sell-out mechanisms.

Prior to founding AVELLUM in 2009 Mykola worked as a partner at the Kyiv office of a major international law firm.

Chambers Europe

Managing partner Mykola Stetsenko is a market-leading practitioner who is described by sources as a “goal-oriented lawyer of the highest calibre. He never says no and tries to find solutions in the most complicated situations.” His expertise covers a broad range of transactional and corporate matters.

Acquisition of 100% shares in Portmone Group by Kaspi Pay, a wholly owned subsidiary of Kaspi.kz

Legal advisor to Kaspi.kz

Acquisition of a minority stake in the leading Ukrainian feed producer Edinstvo Group

20

Min USD

Legal advisor to Diligent Capital Partners and FMO

  • EDUCATION AND BAR ADMISSIONS

      Master of Laws degree (with honours), 2000, the Institute of International Relations of Taras Shevchenko Kyiv National University, Ukraine

      LL.M. degree (with honors), 2004, Georgetown University Law Center, USA

      Admitted to practice law in New York

      Member of the Management Board of the Ukrainian Bar Association

      Member of the Council of the Corporate Law and Stock Market Committee of the Ukrainian Bar Association

  • RECOGNITION

      Leading lawyer in Ukraine for Corporate/M&A Chambers Global (2019 – 2022) and Chambers Europe (2015 – 2021)

      Leading lawyer in Ukraine for Commercial, Corporate and M&A Legal 500 (2011 – 2022), The Legal 500 Hall of Fame

      Leading lawyer in Ukraine for Private Clients and Competition The Legal 500 (2022)

      Highly regarded practitioner in Ukraine for M&A IFLR1000 (2014 – 2021)

      Recommended lawyer for Tax and Transfer Pricing World Tax and World Transfer Pricing (2015 – 2020)

      Highly regarded practitioner for resolution of international tax disputes in Ukraine Tax Controversy Leaders Guide (2013 – 2020)

      Leading individual in Ukraine for Corporate/Mergers and Acquisitions Ukrainian Law Firms (2015 – 2021), Yuridicheskaya Praktika

      Notable practitioner for Real Estate and Private Clients Ukrainian Law Firms 2021, Yuridicheskaya Praktika

      Recommended lawyer (Thought Leader) for M&A and Governance in Ukraine. Who's Who Legal 2021

      Recommended lawyer for Capital Markets, Corporate, M&A, Tax and Real Estate Law Best Lawyers (2010 – 2022)

  • RECENT EXPERIENCE

      Acted as a Ukrainian law expert in two ICSID investment arbitrations with over USD700 million in dispute

      Advised Pep Group, an established provider of design, creative, production and asset management, on its acquisition by Locaria, a global multilingual content agency

      Advised MHP in connection with investment into Ukrainian food-tech start-up Foodz. As a result of two rounds of funding, MHP received a minority stake in Foodz

      Advised JSC “Kaspi.kz” in connection with the acquisition of 100% shares in Portmone Group by Kaspi Pay, a wholly owned subsidiary of Kaspi.kz

      Advised MHP in connection with the acquisition of MHP Food UK Limited (formerly known as Braintree Meats Limited), an England-based company and importer of meat & poultry. The transaction allows MHP to expand its business activities into the UK

      Advised Medi GmbH & Co. KG, a German producer of medical products and aids, on Ukrainian law matters in connection with parallel import and customs recordal

      Advised Volt Resources Limited, a graphite and gold exploration and development company listed on the Australian Stock Exchange. on the acquisition of 70% stake in the Zavallivskyi Graphite Group

      Advised Diligent Capital Partners, a private equity manager, acting together with the Dutch entrepreneurial development bank FMO, in connection with the acquisition of a minority stake in the leading Ukrainian feed producer Edinstvo Group

      Advised Argus Media Ltd on the acquisition of Agritel International, a subsidiary of Agritel, an expert provider of information, consulting, and forecasting on agricultural and agro-industrial markets

      Advised CHG Healthcare, one of the largest healthcare staffing companies in the US, on the acquisition of Modio Health, a provider of technology solutions for the healthcare industry

      Advised the Netherlands based Van Leeuwen Pipe and Tube Group on the acquisition of BENTELER Distribution Ukraine, a part of the international distribution division of BENTELER International AG

      Advised EVO Group, the internet company behind Ukraine’s leading marketplace Prom.ua, in connection with its merger with Rozetka, the leading online retailer based in Ukraine

      Advised on the merger of Public Joint Stock Company “MTB Bank” and Public Joint Stock Company “Commercial Bank “Center”. The merger was conducted under a simplified procedure introduced by the Law of Ukraine “On Simplifying Reorganisation and Capitalisation Procedures for Banks”, which became effective on 29 April 2017

      Advised Diligent Capital Partners, a private equity manager, in connection with the acquisition of a 16% equity stake in Allseeds SA together with the Dutch Development Bank FMO

      Advised Horizon Capital and certain individuals on the disposal of 90% stake in Ergopack Group in favour of Sarantis Group

      Advised Public Joint Stock Company “Ukrainian Railway” (“Ukrzaliznytsia”) on a USD1 billion collaboration with General Electric Company

      Advised Public Joint Stock Company “Commercial Bank “Center”, a regional Ukrainian bank, and its sole shareholder Mr. Hamed Alikhani on increasing the charter capital of PJSC CB “Center” to UAH200 million

      Advised Deere & Company on Ukrainian employment matters related to the USD5.2 billion acquisition of the Wirtgen Group

      Advised Coast2Coast, a South-African investment company, on acquisition of Poland-based Stella Pack by Bounty Brands, a part of Coast2Coast portfolio

      Advised the longstanding client Kernel Holding S.A. on the acquisition of 100% of shares in a farming business that manages over 170,000 tons of grain storage capacity and over 27,500 hectares of leasehold farmland by one of its subsidiaries. Total consideration of the deal amounted to USD43.3 million and was paid in cash

      Advised the seller regarding the sale of Karavan Hypermarket chain to Auchan Group

      Advised investor on the acquisition of 99.91% Stake in Marfin Bank from Cyprus Popular Bank

      Advised Kernel Holding S.A. on the acquisition of 100% of shares in a large-scale farming business that manages over 190,000 hectares of leasehold farmland and approximately 200,000 tons of grain storage capacity. The value of the deal was USD155 million

      Advised Canada Pension Plan Investment Board in connection with the acquisition of an approximate 48% stake in GlobalLogic Inc. from Apax Funds

      Advised Boehringer Ingelheim GmbH on Ukrainian aspects of transfer of employee benefits in connection with global business swap between Boehringer and Sanofi

      Advised Deutsche Beteiligungs AG in connection with the EUR5.9 million investment in Dieter Braun GmbH

      Acted as the Ukrainian legal counsel to Onex Corporation and Baring Private Equity Asia in connection with the acquisition of Thomson Reuters’ Intellectual Property & Science Business for USD3.55 billion

      Advised Custos Invest & Finance Inc., one of the Datagroup’s shareholders, in connection with the increase of the stake of Horizon Capital in Datagroup from significant minority to over 70%

      Advised Altran, a global leader in innovation and high‐tech engineering consulting, on the acquisition of Lohika, a software engineering services firm

      Advised Allergan Inc. in connection with the divestiture of its global generic pharmaceuticals business to Teva Pharmaceutical Industries Ltd through a complex cross-border carve-out

      Advised Canada Pension Plan Investment Board (CPPIB) on acquisition by CPPIB of a 40% stake in Glencore Agricultural Products, estimated at USD6.25 billion

      Acted as the Ukrainian legal counsel to Mr. Hamed Alikhani in connection with the approval by the National Bank of Ukraine of the acquisition of the qualifying shareholding in PJSC “CB “Center”

      Advised UniCredit Group in connection with the disposal of shares in PJSC “Ukrsotsbank” in favour of Alfa Group

      Advised Raiffeisen Bank International AG and PJSC Raiffeisen Bank Aval in connection with the disposal of 30% shares in PJSC Raiffeisen Bank Aval by EBRD

      Advised Novartis on transactions related to Vaccines, Oncology, OTC and Animal Health businesses in connection with the establishment of joint venture between Novartis and GSK in OTC business and exchange of Oncology and Vaccines businesses between GSK and Novartis

      Advised Bayer AG on corporate, contractual and employment issues related to the global spin-off of Bayer MaterialScience AG, which now operates under Сovestro AG name as an independent entity

      Advised JKX Oil & Gas plc, an oil and gas exploration and production company listed on the London Stock Exchang, on a variety of employment matters regarding structuring of employment relations in its Ukrainian subsidiary

      Advised LLC “LVN Limited”, a part of Nemiroff Group on obtaining merger control clearance of the Antimonopoly Committee of Ukraine (“AMCU”) for the privatisation of a part of assets of Ukrainian State-Owned Enterprise of Alcohol and Liquor Industry “Ukrspyrt”

      Advised Uber on obtaining a merger control clearance from the Antimonopoly Committee of Ukraine for the creation of a joint venture with Yandex. The new company is valued at USD3.8 billion

      Advised AGCO on obtaining a merger control and concerted practices clearances of the Antimonopoly Committee of Ukraine for the acquisition of Precision Planting LLC and assets owned by Monsanto Argentina S.R.L., and Monsanto do Brasil Ltda

      Advised AGCO in connection with obtaining a merger control clearance of the Antimonopoly Committee of Ukraine for the acquisition of Cimbria for EUR310 million

      Advised Mr. Hamed Alikhani in connection with obtaining a merger control clearance of the Antimonopoly Committee of Ukraine for the acquisition of PJSC “CB “Center” under the amnesty procedure

      Advised Mohawk Industries, Inc. in connection with obtaining merger control clearance from the Antimonopoly Committee of Ukraine for USD1.2 billion acquisition of the IVC Group

      Advised the world’s two biggest cement makers Lafarge and Holcim in connection with obtaining merger control clearance from the Ukrainian competition authority of their EUR40 billion merger of equals

      Advised Foster Wheeler in connection with obtaining a merger control clearance for the acquisition of control over Foster Wheeler by AMEC from the Antimonopoly Committee of Ukraine

Related materials

News

WEBINAR “M&A IN UKRAINE: 2020 IN REVIEW”

AVELLUM and Capital Times invite you to join the webinar “M&A in Ukraine: 2020 in review”, which will be held on 23 December 2020

Posted on November 20, 2022
During the webinar we will talk about: Legal trends in M&A deals and shareholders agreements Mykola Stetsenko, managing partner, AVELLUM M&A market: investment opportunities Sergey Goncharevich, managing partner, Capital Times Distressed M&A deals: buying outpaces selling Yuriy Nechayev, partner, AVELLUM M&A deal value from the buyer's point of view. Key deals in 2020 Yevgeniy Kudrytskiy, partner, Capital Times We invite owners and top management of local and international companies to join the webinar. The participation is free upon prior registration confirmed by the organisers. This event is not available to representatives of law firms, private practice lawyers, and consulting companies. Webinar languages – Ukrainian/Russian. Please register by the following link before 22 September 2020.

News

AVELLUM ADVISES NEMIROFF ON FIRST SUCCESSFUL PRIVATISATION OF UKRSPYRT’S ALCOHOL PRODUCTION FACILITY

AVELLUM team, led by Mykyta Nota, has become the “pioneer” working on the deal that ends the era of state monopoly in the alcohol production industry.

Posted on November 20, 2022
AVELLUM acted as the legal advisor to LLC “LVN Limited”, a part of Nemiroff Group (“Nemiroff”) on obtaining merger control clearance of the Antimonopoly Committee of Ukraine (“AMCU”) for the privatisation of a part of assets of Ukrainian State-Owned Enterprise of Alcohol and Liquor Industry “Ukrspyrt” (“Ukrspyrt”). The AMCU’s decision has become the first merger control clearance in the course of privatisation of alcohol production facilities. The privatisation took place within the framework of the reform and development program of the alcohol industry for 2020-2023, approved by the Cabinet of Ministers of Ukraine. Mykola Stetsenko, the managing partner of AVELLUM, noted: “This is a landmark transaction for the industry as a whole and the first successful privatisation case in the course of demonopolisation of the alcohol industry and privatisation of other Ukrspyrt’s facilities. AVELLUM team, led by Mykyta Nota, has become the “pioneer” working on the deal that ends the era of state monopoly in the alcohol production industry. As a result, Nemiroff became the owner of the first private alcohol production facility in Ukraine”. “Following the acquisition of the facility, Nemiroff will prioritise the gradual introduction of modern production technologies, increasing efficiency and improving the quality of alcohol. We are confident that all participants will benefit from this acquisition – both the company and consumers that will receive better quality products and the state, which will receive additional tax revenue”, – noted CEO of Nemiroff, Yuriy Sorochinskiy. Nemiroff, founded in 1992, is an international producer of alcoholic beverages of Ukrainian origin. Nemiroff products are sold in more than 80 countries and account for approximately 40% of vodka beverages exported from Ukraine. AVELLUM team was led by counsel Mykyta Nota with significant support from senior associate Anton Arkhypov and associates Valeriia Lepska and Yelyzaveta Kashyna under the general supervision of managing partner Mykola Stetsenko.

News

IFLR1000 RANKS AVELLUM AS LEADING UKRAINIAN CORPORATE FINANCE LAW FIRM FOR 7 YEARS IN A ROW

IFLR1000 attributes AVELLUM’s work in banking and finance, M&A, and capital markets to Tier 1, and our project development work to Tier 3.

Posted on November 20, 2022
The recently released 2021 edition of IFLR1000 ranks AVELLUM’s corporate and finance practices among the best in Ukraine for 7 consecutive years. IFLR1000 attributes AVELLUM’s work in banking and finance, M&A, and capital markets to the highest Tier 1, and our project development work to Tier 3. IFLR1000 traditionally recognises all corporate finance partners of AVELLUM, as well as other lawyers across multiple practice areas: Glib Bondar, senior partner: a market leader in banking and finance, capital markets, energy and infrastructure, financial restructuring, project finance Yuriy Nechayev, partner, and Mykola Stetsenko, managing partner, among the most highly regarded experts in M&A Maksym Maksymenko, counsel, goes up to a highly regarded expert in project development The IFLR1000 is a reputable guide to the world's leading financial and corporate law firms and lawyers, which covers over 170 jurisdictions worldwide. The IFLR1000 rankings are based on three key criteria: transactional evidence, peer and client feedback.

News

AVELLUM ADVISES ARGUS MEDIA LTD ON ACQUISITION OF AGRITEL INTERNATIONAL

AVELLUM conducted legal due diligence of the Ukrainian part of the target business and advised Argus Media Ltd on certain transaction matters.

Posted on November 20, 2022
AVELLUM acted as the Ukrainian legal counsel to Argus Media Ltd on the acquisition of Agritel International, a subsidiary of Agritel, an expert provider of information, consulting, and forecasting on agricultural and agro-industrial markets. AVELLUM conducted legal due diligence of the Ukrainian part of the target business and advised Argus Media Ltd on certain transaction matters. White & Case LLP acted as the global legal counsel to Argus Media Ltd. Argus Media Ltd is a London-based leading global commodity information service provider. The AVELLUM team was led by managing partner Mykola Stetsenko, with support from associates Maryna Buinytska, Bogdana Parkhomchuk, and Khrystyna Bayurchak.

Newsroom

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. Many companies have switched to remote working to minimize personal contact to the extent possible. As a result, the intensity and volume of the data flow inside […]

Posted on November 20, 2022

News

WEBINAR “M&A DEAL UNDER FOREIGN LAW: WHAT DO YOU NEED TO KNOW?”

During the webinar we will talk about the advantages of foreign law, deal progressing, seller’s warranties and liability, indemnities, conditions precedent, deal closing, and agreement termination.

Posted on November 20, 2022
We invite you to AVELLUM’s webinar “M&A deal under foreign law: what do you need to know?”. Date:18 August 2020 Duration: from 11:00 a.m. until 12:00 p.m. Format: webinar During the webinar we will talk about the following: advantages of foreign law deal progressing seller’s warranties and liability indemnities conditions precedent deal closing agreement termination Speakers Mykola Stetsenko, managing partner, AVELLUM Yuriy Nechayev, partner, AVELLUM Andriy Romanchuk, counsel, AVELLUM We invite representatives of business – owners, top management, heads of legal departments of local and international companies to join our webinar. The participation is free upon prior registration confirmed by the organisers. This event is not available to representatives of law firms, private practice lawyers, and consulting companies. Webinar’s participants with confirmed registration will receive a link one day prior to the event. Webinar languages – Ukrainian/Russian. Please REGISTER via the following link before 16 August 2020. Please e-mail Iryna Babich at ibabich@avellum.com or call (044) 591 33 55 if you need any additional information.

Partner

MAKSYM MAKSYMENKO

Maksym Maksymenko is a Partner at AVELLUM and the Head of Real Estate and Infrastructure.

Partner

MYKYTA NOTA

Mykyta Nota is a Partner and the Head of Competition practice at AVELLUM. Mykyta focuses on competition & antitrust, arbitration, and cross-border litigation.

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