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Corporate law BUY A READY BUSINESS (FIRM) IN UKRAINE

Taras Miroshnychenko

Head of practice

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miroshnychenko@prikhodko.com.ua

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Head of Corporate Law and Fintech Practice. Expert in the creation and reorganization of companies, support of M&A transactions, as well as legal support for opening and running a business in the EU, Asia, and North America.

BUY A READY BUSINESS (FIRM) IN UKRAINE

The procedure for buying a ready-made business in Ukraine: key points

One of the most pressing issues in corporate practice is the acquisition of a company. Buying a ready-made business (firm) in Ukraine requires a careful approach and thorough analysis of all the subtleties of this procedure.

The lawyers of “Prikhodko & Partners” emphasize that for a successful purchase and sale, you need to pay attention to the following points:

search and selection of a business on the domestic market. To do this, you need to clearly determine what type of business you are interested in, establish the expected level of profitability of the company and contact a professional lawyer for a prompt selection of relevant options;
qualitative legal due diligence before the acquisition. It is important at the stage of communication with a potential seller to check all the constituent documents of the company, the legality of its assets, the presence of litigation, tax debts and other encumbrances, as well as assess the effectiveness of corporate governance;
conducting negotiations and concluding an agreement to acquire a ready-made company. The first thing to do is to discuss the terms of the agreement with the counterparty, the price, the payment procedure and other significant conditions. To avoid possible abuses, it is necessary to involve a lawyer who will help in drawing up final agreements at
the request of both counterparties, pre-trial resolution of disputes at the stage of their conclusion (if necessary);
actions for registration after the acquisition. The lawyer will also help develop an action plan and take additional actions for the client to properly conduct business (for example, registration of an intellectual property object, obtaining a license, division of the company, etc.).

Acquisition of a company in Ukraine can be a profitable decision, but this process is accompanied by a number of potential risks, including unsettled corporate conflicts, hidden arrests and encumbrances on the company's property, the inability to confirm ownership of assets due to the lack of properly executed title documents, etc. To avoid these risks and make the acquisition safe, it is worth involving professional lawyers to conduct comprehensive checks and support the process at all stages.

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What documents are needed to buy a company in Ukraine?

Buying a business requires careful preparation. Below are the main categories of documents that you will need to successfully complete this procedure:

firstly, documents confirming the legal status of the business, primarily constituent documents, a list of documentation confirming the ownership structure;
secondly, documents confirming property rights and the absence of any encumbrances, registration of intellectual property objects, etc. (for conducting a preliminary comprehensive check);
thirdly, passports, tax codes of counterparties, power of attorney for a representative (representatives) to confirm their authority to represent the interests of clients;
fourthly, a purchase and sale agreement correctly drawn up in accordance with current national legislation.

The list of documents described above may vary. To find out more information about the documentation for the purchase of a ready-made domestic company, we recommend that you contact one of our specialists for advice.

It will also be useful: Company registration in Ukraine

Legal support for the purchase of a ready-made business in Ukraine from “Prikhodko & Partners”: stages, approximate terms and cost of services

Support for the purchase of a company in Ukraine is a phased process and requires appropriate qualifications and experience. The lawyers of our law firm support clients at each stage, providing the following services:

consultations and analysis (legal audit). Specialists provide initial consultations on the specifics of the purchase and sale of a business, possible risks and ways to minimize them, analyze the received documents for the company;
development of a purchase and sale agreement. Lawyers form the agreement, ensuring its compliance with the legislation and protection of the interests of both the buyer and the seller (special attention is paid to the conditions regarding rights and obligations, dispute resolution mechanisms, holding the parties legally liable for violation of the terms of the agreement, etc.);
making the necessary changes to the constituent documents. Our qualified specialists also assist in registering changes in corporate documentation in the Unified State Register, supporting the process at a local notary;
monitoring the process of completing the concluded agreement. Lawyers control the process of transferring assets and documents, provide advice on further activities, assist in renewing licenses, etc.

Price of legal support

The total period of legal support for the purchase of a company in Ukraine in practice can range from one to three months, depending on the complexity of the procedure.

The cost of such a service from the specialists of “Prikhodko & Partners” is not fixed and depends on many factors, such as the complexity of the transaction, the volume of necessary work, the urgency of the request, etc. A fixed cost can be obtained at an introductory consultation with our lawyer.

Thus, the purchase of a ready-made business in Ukraine is a complex and multi-stage process. In order to avoid possible risks, it is critically important to conduct a legal audit of the company before concluding a transaction and to apply for professional legal support for such a transaction. It allows you to ensure transparency and security of the transaction, legality of execution, proper control, protection of the interests of the buyer and seller.

BUY A READY BUSINESS (FIRM) IN UKRAINE

The procedure for buying a ready-made business in Ukraine: key points

What documents are needed to buy a company in Ukraine?

Legal support for the purchase of a ready-made business in Ukraine from “Prikhodko & Partners”: stages, approximate terms and cost of services

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