Lawyers at Linkage & Mind are actively involved in different finance transactions, advising on international/domestic borrowing, insurance issues and debt restructuring. Our financing lawyers work as a team with our corporate, tax and other professionals on complex, high-profile transactions in Kazakhstan and abroad.
Banking and corporate lending
Our lawyers specialize in banking and corporate lending, both secured and not secured, the financing of real estate projects, extension and rescheduling loans, as well as trade credit.
We also implement comprehensive due diligence of borrowers, as well as conduct preparation, analysis and recommendations on the bilateral and multilateral loan agreements; develop and examine the documents on security measures (pledge, mortgage, guarantee and guardianship); render maintenance procedures and coordination with government agencies on lending operations.
We advise our clients on financing of their investment projects, on the side of lenders, sponsors or initiators. As part of our comprehensive consultation, we conduct due diligence; develop financial and contractual documents between of parties to the transaction; prepare a package of interim agreements, and assist in the implementation of the international instruments that are used in project finance in Kazakhstan's legal framework. We have experience in consulting projects in the petrochemical, infrastructure and mining sectors.
Financing M&A transactions
We advise investment banks and private equity funds on financing M&A transactions, including public and private financing, changes in capital structure of the company, corporate acquisitions, and repurchase of shares.
We counsel on financing of acquisitions and transactions for the purchase/sale of railway rolling stock, medical, oil and gas equipment, industrial process lines in mining and metal sectors, as well as vehicles and other facilities.
In these transactions, we provide legal services for funding organizations (banks, leasing companies, and funds), as well as working with owners of assets, while assisting in developing optimal tax regime and complying with customs, currency and other regulations for our clients.
We advise on various transactions aimed to raise capital on domestic and international markets. We provide the following services:
- conducting due diligence of the borrower / issuer
- development and examination of a package of agreements on security transactions
- (mortgage, guarantee, surety, pledge)
- development of internal corporate documents / decisions of the borrower to finance and report disclosures
- execution of financing conditions precedent
- preparation and examination of prospectus, memoranda, agreements with participants (underwriters, depositary, management company, agent, rating agency and others ), reports on the issue and placement of securities
- government relations and maintenance of licensing procedures and approvals
- legal opinion on various issues of compliance with Kazakhstan law
Debt Restructuring, Bankruptcy
In debt restructuring, we offer services in refinancing, debt swap for equity participation, risk assessment in transactions, as well as legal support on a wide range of other corporate and financial issues arising in connection with the restructuring of debt:
- preparation of preliminary restructuring plans and proposals to creditors for debt restructuring
- preparation of documentation (letters, decisions, notices, minutes of meetings, agreements, contracts, agreements) as part of restructuring
- novation agreements, the exchange of securities and other related agreements
- legal opinion on various aspects of restructuring
- preparation of restructuring stages (step-by-step plan) from the standpoint of Kazakhstan law
We provide a wide range of services on bankruptcy, including civil, tax, administrative and criminal law aspects:
- bankruptcy proceedings of any categories of debtors
- planning the actions for voluntary or involuntary bankruptcy (preparation of applications, requirements, announcements, and documents for submission to the competent authorities)
- claims on behalf of creditors for the inclusion of the debtor into the register of creditors
- application of the interim measures
- control over the actions of the administrator
- representation at the meetings of the creditors
- challenging the decisions of the meeting of the creditors
- challenging previously concluded transactions where the debtor's assets have been disposed and return (refund) of the illegally sold property
- collection of accounts receivable
- support in obtaining information about debtors, their affiliates and controlling persons and their financial status
- analysis of the creditors’ claims and preparing the objections to them in order to protect the interests of our clients
Despite significant liberalization of the currency legislation of Kazakhstan, transactions between residents and non-residents continue to be subject to the control by the National Bank of Kazakhstan.
In this regard, our lawyers provide the following services on currency regulation:
- preparation of transaction passports
- notification and registration of foreign exchange transactions
- advising clients on different types of regulation: notification / registration / licensing of foreign exchange transactions
- support in interaction with the exchange control authorities, reporting to the regulator