Industries

Agriculture

1 200 000 ha

Conducted an audit of the land bank

Even during wartime agriculture remains one of the key industries in Ukrainian economy. However, the war dealt a heavy blow to the industry in form of serious logistics issues, decrease of arable lands, and loss of assets. Now Ukrainian agribusiness started to reorient their priorities, restructure their logistics, and is seeking for new opportunities more eagerly than ever before. And we are always there to assist our clients with any legal issues they have while adapting to new turbulent circumstances.

Our clients usually face challenges in diverse legal areas ranging from corporate, real estate and land, tax, export/import operations, litigation, financing, to business restructuring and international arbitration. During the wartime these challenges have become even more complex and often require for a client-tailored solution. Being a full-service law firm, our lawyers bring a wide variety of experience which allows us to deliver the highest quality services to our clients and help them solve even the most challenging and rare issues.

What we do

Our extensive experience in agriculture industry includes merger & acquisition of agribusinesses, litigation and dispute resolution, international arbitration, sale and purchase of land banks, conclusion of land leases of vast amounts of land plots, restructuring of land banks holdings, pre-export financing for agribusinesses. Besides, we understand and specialise on solving all the issues that have become much more common during the war such as management of distressed assets, infrastructure restoration projects, businesses relocation, logistics restructuring and investment.

We are proud to have advised such well-known agro-industrial groups as Myronivsky Hliboproduct (MHP), Kernel, Industrial Milk Company, Loture, Avangard, and UkrLandFarming on their most sophisticated business transactions. We build lasting working relationships with our clients by delivering exceptional services and ensuring that our clients’ businesses prosper.

Key experience

Advising on the largest contract for the supply of agricultural products

26.8

Bln USD

Legal Advisor to “State Food and Grain Corporation of Ukraine”

Representation of Ukrlandfarming in FOSFA arbitration regarding the quality of the supplied goods

25

Mln USD

Legal Advisor to Ukrlandfarming

Advising on the dispute regarding the quality of the supplied products to the EU

5

Bln USD

Legal Advisor to COFCO Agri

Asset tracing and recovery of assets of Mriya Agro Holding plc

470

Mln USD

Legal Advisor to Noteholders’ Committee of Mriya Agro Holding plc

Represented the holding company in multiple litigation proceedings in Ukraine and Cyprus

515

Mln USD

Legal Advisor to Mriya Agro Holding plc

Removed hostile management of Mriya Agro Holding plc

1

Bln USD

Legal Advisor to Noteholders’ Committee of Mriya Agro Holding plc

Advice to Noteholders’ Committee of Mriya Agro Holding Plc on operational and transactional issues

470

Mln USD

Legal Advisor to Noteholders’ Committee of Mriya Agro Holding Plc

Corporate group restructuring

Legal Advisor to Rise Group

Show all key experience

Related materials

Legal alerts

UKRAINIAN LAW ON JOINT STOCK COMPANIES IS SUBSTANTIALLY MODERNISED

The Parliament of Ukraine has adopted in its entirety draft law “On Joint Stock Companies” No. 2493, dated 25 November 2019 (“Draft Law”).

Posted on July 5, 2022

Legal alerts

LAW ON AGRICULTURAL LANDS TURNOVER IS SIGNED

On 28 April 2020, the President signed the Law of Ukraine “On Amendments to Certain Ukrainian Laws on Agricultural Lands Turnover” (“Law”). The Law lifts a long-lasting moratorium on private agricultural land sale, but it also introduces and leaves intact certain restrictions and limitations for the argicultural land market.

Posted on July 5, 2022

News

AVELLUM ADVISES MHP ON INVESTMENT INTO FOODZ

AVELLUM acted as the legal counsel to its long-standing client 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.

Posted on July 5, 2022
AVELLUM acted as the legal counsel to its long-standing client 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. AVELLUM provided legal support to MHP in structuring the deal and drafting the transaction documents. MHP is the leading poultry producer in Europe and one of the biggest grain producers in Ukraine. The company specialises in the production of chicken and the cultivation of cereals and other agricultural activities. As a part of MHP’s strategy to support new businesses, the company aims to strengthen its relations with the restaurant business to bring the company closer to the customer. Foodz is a dark kitchen start-up that has been developing an online restaurant chain in Kyiv since 2020. It has already raised investments of over USD2 million and now manages 12 brand restaurants with over 100 000 customers. AVELLUM team was jointly led by counsel Andriy Romanchuk and associate Yuliia Chelebii-Kravchenko with support from associate Yelyzaveta Kashyna and under the general supervision of managing partner Mykola Stetsenko. Senior associate Anastasiya Voronova advised on the financial matters of the deal.

News

AVELLUM ADVISES MHP ON ACQUISITION OF ENGLAND-BASED COMPANY

AVELLUM acted as the legal counsel to its long-standing client 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.

Posted on July 5, 2022
AVELLUM acted as the legal counsel to its long-standing client 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. AVELLUM provided full legal support to MHP in negotiating and drafting of the transaction documents as well as coordinated completion of the entire transaction. In addition, AVELLUM performed legal due diligence of MHP Food UK Limited and conducted multijurisdictional merger control analysis. MHP is the largest producer and exporter of chicken in Ukraine and the leading producer of poultry meat in Europe. The company specialises in the production of chicken and the cultivation of cereals and other agricultural activities. MHP has also embarked on a course of its transformation from a raw material company to a culinary one. AVELLUM team was led by senior associate Anton Arkhypov with support from associates Iryna Fonotova, who handled corporate and M&A matters, and Valeriia Lepska, who handled antitrust matters, under the general supervision of managing partner Mykola Stetsenko.

News

AVELLUM ADVISES SAMORAN INVESTMENTS LIMITED ON MERGER CONTROL CLEARANCE FOR ACQUISITION OF ROSTOK AGROINVEST LIMITED

AVELLUM advised Samoran Investments Limited, a company affiliated with Yakov Gribov, a beneficiary of Nemiroff Group, on obtaining merger control clearance of the Antimonopoly Committee of Ukraine for the acquisition of shares in Rostok Agroinvest Limited.

Posted on July 5, 2022
AVELLUM acted as the legal advisor to Samoran Investments Limited, a company affiliated with Yakov Gribov, a beneficiary of Nemiroff Group, on obtaining merger control clearance of the Antimonopoly Committee of Ukraine for the acquisition of shares in Rostok Agroinvest Limited. Samoran Investments Limited is a holding company with a diversified portfolio of assets in the fields of production of oil and agricultural products. Rostok Agroinvest Limited is a part of Rostok-Holding agro-industrial group. AVELLUM team was led by counsel Mykyta Nota with significant support from senior associate Anton Arkhypov and associates Valeriia Lepska and Yelyzaveta Kashyna.

Newsroom

AVELLUM CLOSES 2020 WITH 3 MORE SUCCESSFUL EUROBOND DEALS

AVELLUM advised on all largest private and sovereign Eurobond issuances and liability management transactions out of Ukraine in 2020.

Posted on July 5, 2022
AVELLUM advised on all largest private and sovereign Eurobond issuances and liability management transactions out of Ukraine in 2020. Despite the global turbulence during the year, we are proud to close 2020 with the following successful Eurobond offerings and liability management transactions: USD300 million Eurobond offering and tender offer by Kernel AVELLUM acted as the Ukrainian legal counsel to Kernel Holding S.A. (“Kernel”) on USD300 million offering of 6.75% guaranteed notes due 2027 combined with a tender offer for the notes maturing in January 2022. Crédit Agricole Corporate and Investment Bank, J.P. Morgan Securities plc and Natixis acted as joint lead managers of the Eurobond issue and joint dealer managers for the tender offer. Kernel is the world’s leading and the largest in Ukraine producer and exporter of sunflower oil, and a major supplier of agricultural products from the Black Sea region to world markets. Kernel exports its products to more than 80 countries. Since November 2007, the shares of the company are traded on the Warsaw Stock Exchange (WSE). USD600 million tap issue of outstanding 2033 Eurobonds by Ukraine AVELLUM acted as the Ukrainian legal counsel to the Ministry of Finance of Ukraine on USD600 million tap issue of Ukraine’s outstanding USD2 billion 7.253% notes due 2033. The additional issuance was priced at a 6.20% yield, the lowest on a public USD Eurobond in the history of Ukraine. BNP Paribas and Goldman Sachs International acted as joint lead managers of this tap issue. Eurobond cash tender offer by Ukreximbank AVELLUM acted as the Ukrainian transaction counsel to Joint Stock Company “The State Export-Import Bank of Ukraine (“Ukreximbank”) as borrower and Goldman Sachs International as dealer manager on USD316 million cash tender offer. Ukreximbank for the first time among Ukrainian issuers of Eurobonds carried out the tender offer transaction without the simultaneous placement of a new issue. Ukreximbank is 100% state-owned bank acting as the sole financial agent of the Government of Ukraine with respect to loans from foreign financial institutions, which are borrowed or guaranteed by Ukraine. Notwithstanding the unprecedented challenges of 2020, AVELLUM remains a true market leader in legal support of capital markets transactions out of Ukraine. We are grateful to our clients for entrusting us with these challenging and exciting projects and hope that more to come. * * * * * The AVELLUM team working on these transactions* was led by senior partner Glib Bondar with support from senior associate Anastasiya Voronova and associates Oleg Krainskyi, Anna Mykhalova, Anastasiya Zhebel, Mariana Veremchuk, Mykola Falko, Viktoria Bilenko, and Vladyslav Kostin. Partner Vadim Medvedev, senior associate Anton Zaderyholova and associate Oles Bidnoshyia provided support on tax matters of the transactions. *transactions are listed in the alphabetical order

Key contacts

GLIB BONDAR

Senior Partner

gbondar@avellum.com

MAKSYM MAKSYMENKO

Partner

mmaksymenko@avellum.com

YURIY NECHAYEV

Partner

ynechayev@avellum.com

Team

VADIM MEDVEDEV

Partner

vmedvedev@avellum.com

ANDRIY ROMANCHUK

Counsel

aromanchuk@avellum.com

Practice

Finance

Our pre-eminent finance practice is well-known in the market for its cutting-edge expertise and exemplary service.

Practice

Corporate

Our skills and in-depth understanding of corporate matters enables us to transform the requirements of sophisticated foreign investors into practical realities in Ukrainian law and practice.

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