Jan De Nul
China Development Bank
We have experience in the fields of mergers and acquisitions, public-private partnership, corporate and financial law, dispute resolution. We support some of the largest and complex transactions in Kazakhstan. We counsel both public and private companies.
As part of our corporate practice, we advice on corporate relations between shareholders, option agreements, corporate governance, structuring of transactions for the joint implementation of projects, development of key project agreements, commercial transactions and M&A deals.
Our clients represent various sectors: construction, agriculture, energy, transport, IT, subsoil use, trade, etc.
The accumulated experience, creativity and business approach allow our lawyers to develop the best solutions for clients.
- Shardara HPP – HPP modernization project financed by EBRD (75 mln Euro)
- Kyzylorda HPS - heating-power station reconstruction project (60 mln. USD)
- PetroKazakhstan Oil Products (Shymkent Oil Refinary Plant) – plant reconstruction project (1,2 bln. USD)
- TYPSA (Spain) – LRT design project in Astana
- Vinci Construction (France) structuring of the project on construction of facilities for aero navigation
- Aktau North Sea Terminal – sea port expansion project and fundraising from Kazakh Development Bank
- Karagandy Energy Center - the city power system modernization and expansion project
- Atyrau Oil Refinary Plant – reconstruction project financed by KDB (1,2 bln USD)
- Ipek Kagit Central Asia (Turkey) on the project of construction of paper products plant on the territory of the FEZ "Astana - new city"
- Sovico Holding (Vietnam) on development project for the construction of a residential town "Botanic Garden City" in Astana
- Steel Manufacturing – developing EPC contract within ammunition plant construction project
- ELBIT SYSTEMS Ltd (Israel) in the acquisition of 51% shares in Delta IT
- Hanhong Private Equity Management (China) in the acquisition of 66% shares in the Kazakh gold mining company
- Myllyn Paras (Finland) in the acquisition of the assets of the agro-industrial company
- SUMITOMO (Japan) in the acquisition of assets of the subsidiary company Kazatomprom included in the list of strategic facilities of the Republic of Kazakhstan
- FORTIS MINING (Australia) in the acquisition of subsoil user shares (potassium and boron deposits)
- A private investor in the acquisition of shares of a large Kazakhstan transport and logistics company
- Green Energy 3000 (Germany) in the acquisition of 75% shares in Kazakh company in the field of alternative energy
- United Green (Germany) acquisition of 100% shares in local construction company
- Keller Holding GmbH (Germany) acquisition of 100% shares in the Kazakhstan construction company
- Samruk-Energo on pre-sale preparation of assets of East Kazakhstan Regional Energy Company JSC, Shigysenergotrade LLP, Mangistau Electricity Distribution Network Company JSC, Alatau Zharyk Kompanasy
- Samruk-Energo acquisition of 51% shares in Moinak HPP
- Kazakhtelecom acquisition of 20% shares in telecommunications operator company from the state
- Samruk-Kazyna Invest acquisition of a 49% stake in JSC Syrymbet
- Restructuring of KazBeef group of companies
- Ivolga Holding - comprehensive analysis of the holding's activities and preparation of the restructuring plan for the holding and its liabilities
- National company "Tobol" - comprehensive advice on the structuring of investment projects in the field of livestock, crop production
- KazAgro Holding - legal audit of KazAgro's corporate governance, examination of corporate decisions and preparation of recommendations on compliance with regulatory requirements
- Akimat of Atyrau region - legal support for the development of PPP projects in the fishing industry sector
- Ministry of Agriculture of the Republic of Kazakhstan - development and support, before signing the Government Decree and orders of the Minister of Agriculture of the Republic of Kazakhstan, regulating the provision of public services in the field of agriculture
- Myllyn Paras (Finland) – advising on several M&A transactions for the purchase of assets in the agro-industrial sector
- Food Master - structuring the optimal scheme for purchasing of raw materials (dairy products) from agricultural producers
- Maslo Del – advising during the process of attracting financing for export operations
- Global Beef Kazakhstan (US-KZ JV) - advising on corporate disputes in connection with the forthcoming reorganization and merger with KazBeef Group
- Austrian private investor - advising on the acquisition of land and tax incentives for investment in the construction of a full-cycle dairy factory
- Astana-Finance Bank JSC - support of a transaction on financing a large-scale holding in the agro-industrial area (USD 45 million)
We are proud of our results in this practice. Thoroughness and creativity are the determining factors in the approach to clients' affairs.
Our attorneys represent the interests of clients in all stages of state courts and arbitration in Kazakhstan, and also prepare opinions on Kazakhstan law for international arbitration.
In addition, using a wide network of professional contacts, we assist clients on enforcement procedures on the territory of other countries.
Among the cases that were represented by our lawyers:
- Operator in the field of uranium mining: advising on arbitration practice in the event of expropriation of investments by the state, as well as legal analysis of the transactions of purchase and sale of interests in a Kazakh subsoil company
- Forwarder company: protection of interests of the largest freight forwarder in the dispute with the customer, the carrier and the customs authority in connection with the detention of the cargo and the imposition of a fine
- Investment holding: protection of the client in compulsory separation between shareholders of a company worth 100 million US dollars (representation in courts, settlement agreement)
- Foreign project company: advising on settlement of disputes with the client (state company)
- Agricultural holding: representation of the interests of the shareholder in the courts in a dispute with another shareholder in order to hold accountable for the withdrawal of assets worth more than $ 50 million, the return of property, the forced repurchase of its shares
- Foreign construction company: pre-trial settlement of the dispute on leasing transactions (amount of 500 thousand euros)
- Construction company: protection against unlawful seizure by the state of a land plot worth $ 10 million
- Oil company: recovery from the insurer payment (500 thousand USD) due to the occurrence of an insured event that led to environmental pollution
- Leasing company: representation in the Supreme Court in the administrative case on cancellation of decisions of the customs authority on the confiscation of wagons with a total value of 4.5 million US dollars
- Clyde & Co LLP: advising on execution of decisions of courts of foreign states in Kazakhstan
- The largest producer of building materials in the CIS: representation in court in a dispute with the contractor
- Cement manufacturer in Kazakhstan: representation of interests in various litigations with contractors, carriers, as well as in administrative matters
- German pharmaceutical company: representation of interests as creditor in bankruptcy case
- China Private Investment Fund: representation of interests in the Kazakhstan International Arbitration for the protection of the interests of the fund in a dispute arising in connection with the acquisition of deposits in Kazakhstan (6 million USD)
- Spanish engineering company: representation of interests in the dispute with the Kazakhstan plant in connection with the recognition of the contract as invalid (contract amount is 500,000 euros);
- London law firm: Abu Dhabi Plaza project - preparation of legal opinion on pre-trial prospecting in the event of a dispute over the EPC contract
- French media company: advising and representing interests in court regarding the use of a domain name
- Chemical company: representation of the client's interests in court on the claim for recovery of loss of profit under the supply contract
- The Israeli company: representation of the Client's interests in the dispute arising from the agreement on the import of equipment (amount - 9.0 million USD)
- Restaurants chain: representation of interests in the IP dispute litigation (use of trademark)
- Telecommunication company: tax dispute in the amount of more than 3 million USD
- Bank: challenging the results of a tax audit in the amount of $ 1.5 million in court
- Mobile operator: challenging in court the results of the tax audit in the part of calculating the withholding tax for dividends paid to a resident legal entity of the Netherlands in the amount of USD 5 million
- Development company: appeal of tax actions that resulted in savings of more than 1 million USD
- Leasing company: representation in courts to appeal the results of a tax audit
- Production holding: appeal to the tax committee of the results of the tax audit (as a result, the fine was reduced by 50%)
- The largest construction company in Saudi Arabia - protection of the interests of the company in a tax dispute (the amount of claims was more than 2 billion tenge, which was reduced 3 times)
Public-private partnership is relatively new in Kazakhstan's legislation and practice. Nevertheless, our lawyers had the opportunity to participate in a number of PPP projects:
- Akimat of Astana city – advising on the concession project for the construction of 4 kindergartens ($ 6 million)
- Capital Partners - advising on the structuring of PPP project for the construction of Kok-Zhailau ski resort (project cost - 800 million USD)
- Kyzylorda TPP - advising on the reconstruction of the TPP ($ 60 million), structuring the fundraising, and obtaining investment incentives
- G4 City Project - legal support of the first phase of the PPP project for the construction of 4 satellite cities in Almaty
- Akimat of Astana city - consultation and structuring of the construction project of “Nazarbayev University” in Astana (the first stage -40 million USD)
- Akimat of Atyrau city – advising and development of the PPP structure of the project for the development of fishing industry
- Almaty City Transport Holding - advising and structuring the process of creating an Almaty transport holding company and obtaining permission from the antimonopoly agency
- Kandyagash Gas Turbine Station - advising on compliance with the terms of the concession agreement for the gas turbine Kandyagash
- Ministry of Industry and New Technologies of the Republic of Kazakhstan - development and support of lawmaking process on the Law of the Republic of Kazakhstan "On Special Economic Zones in the Republic of Kazakhstan"
- KAZNEX INVEST - advising on the implementation of proposals in the legislation of Kazakhstan on instruments of the national plan for attracting investments, including PPP mechanisms.
LM lawyers approach all financial transactions very carefully and put at the heart the minimization of the clients’ risks. We participated in transactions on financing of the projects in various fields: infrastructure projects, export operations, industrial projects, energy projects, development projects, agribusiness.
Among the transactions that we advised:
- China Development Bank - as part of a loan agreement with a Kazakh subsoil user (loan amount USD 200 million)
- Atyrau Oil Refinery – in attracting financing for the reconstruction project of ANPZ (1.2 billion USD)
- Commerzbank (Germany) - preparation of an opinion on the implementation of various financial instruments on the territory of Kazakhstan
- Shardarinskaya HPP - in the framework of raising financing and further changing the terms of the loan agreement with the EBRD for the HPP modernization project (EUR 75 million)
- PetroKazakhstan Oil Products - to raise financing for the Shymken Refinery Modernization Project ($ 1.2 billion)
- Allur Group – restructuring the loan with the participation of the Development Bank of Kazakhstan
- Bank of Singapore – on financial transactions in Kazakhstan
- China Development Bank – on financing of the project to develop and expand the Kazakhmys-Aktogay complex (1.5 billion USD)
- SCANIA CREDIT AB - on the conclusion of leasing agreements
- Kazphosphate - to raise financing from Kazakhstani bank and signing of the main international contracts within the framework of the project
- ERG - Aluminum of Kazakhstan - legal opinions on corporate matters in the framework of a financial transaction
- Investment Fund of Kazakhstan - analysis of credit profiles of investment projects financed by the Development Bank of Kazakhstan due to the planned assignment of claims from the Development Bank of Kazakhstan to the IFC
- Astana-Finance Bank - within the framework of financing of a large agricultural holding company (USD 45 million)
- Baiterek National Holding - due diligence of 10 subsidiaries (all financial companies) in the framework of restructuring of Kazakhstan's national holdings
- ArcelorMittal Temirtau - as part of a loan from the Development Bank of Kazakhstan
- Punjab National Bank and State Bank of India - as part of financial transactions in the Republic of Kazakhstan
- Bank Astana-Finance / KazInvestBank / Bank of China in the Republic of Kazakhstan / Alfa-Bank – providing of various legal opinions in the framework of financial transactions
- Highvil Kazakhstan (Korea) - advising on restructuring of deposits within a group of companies including financial transactions
Managing Partner, LLM
- Corporate Law and M&A
- Dispute resolution
Yerzhan joined LM team in 2009, became a Partner in 2011, and since 2016 is the Managing Partner of the firm.
As part of corporate practice, Yerzhan accompanies M&A transactions, advises clients on asset restructuring.
As a professional liitigator, Yerzhan represents the interests of large foreign companies in courts and arbitrations on commercial, corporate, investment disputes.
T + 7 7272 596 260, 597 560
M + 7 701 953 1571
Partner, PhD, MBA
- Corporate Law and M&A
Madina is the founder of the firm and since its establishment in 2005 in Astana has been acting as Managing Partner for 11 years.
To date, her activities are focused on practices.
Having more than 17 years of practical experience, Madina deals with large investment projects both on the side of private investors and on the side of state companies, structuring various M&A and financial transactions.
T + 7 7172 790 459, 790 460
M + 7 701 522 7051
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