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Investment Structuring & Protection

Structures Built to Protect Value From Day One

Averites advises investors, corporate groups, founders, family offices, investment funds, and project sponsors on structuring and protecting cross-border investments.

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OUR APPROACH

How We Advise on Investment Structuring and Protection

  1. Structures We Use to Deploy Capital Across Jurisdictions

    We assist with direct and strategic investments, controlling and minority investments, holding and acquisition structures, special purpose vehicles, co-investment arrangements and other structures used to deploy capital across jurisdictions. Our advice considers not only how the investment is made, but how it will be governed, financed, protected and ultimately exited.

  2. How Ownership Structure Affects Tax, Regulatory and Financing Outcomes

    For cross-border investments, the choice of ownership structure can affect tax treatment, regulatory approvals, corporate substance, financing flexibility, access to treaty protection and the ability to repatriate returns. Working with tax advisers and local counsel where appropriate, we consider corporate residence, permanent establishment, beneficial ownership, transfer pricing, withholding taxes, regulatory requirements and the movement of capital through the structure.

  3. Governance and Investor Protections

    We also advise on governance and investor protections, including board representation, reserved matters, veto and consent rights, information rights, restrictions on additional financing, transfer rights, anti-dilution protections and exit mechanisms. For minority investors in particular, these rights can be critical to protecting the economic value of the investment without requiring operational control.

  4. Investment Treaty Protection for Significant International Investments

    For significant international investments, we assess whether the structure may benefit from protection under bilateral or multilateral investment treaties. This may include analysis of investor nationality, qualifying investment requirements, ownership and control, treaty coverage and substantive protections relating to expropriation, fair and equitable treatment, discrimination and arbitrary or unlawful state action.

  5. Why Treaty Planning Belongs at the Structuring Stage

    Investment treaty planning is most effective before capital is deployed and before a dispute becomes foreseeable. We therefore integrate investment protection into the structuring of material investments rather than treating it solely as a disputes issue.

  6. Coordinated Response When Government Action Affects a Protected Investment

    Where government action later affects a protected investment, our Investments team works closely with Averites’ International Arbitration practice to evaluate and pursue available contractual, treaty and domestic-law remedies.

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Precision across borders. Book a Meeting

New York c/o Chornous Law PLLC
30 Wall Street, 8 Floor
New York, NY 10005 Phone: +1 650 382 7764
London 124 City Road
London, England
EC1V 2NX Phone: +44 7405 138109
Kyiv 11 Panasa Myrnoho Street
Office 1/1
Kyiv, 01011 Phone: +380 63 148 27 37

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FAQ

Frequently Asked Questions

  • We assist with direct and strategic investments, controlling and minority investments, holding and acquisition structures, special purpose vehicles, co-investment arrangements and other structures used to deploy capital across jurisdictions, considering not only how the investment is made but how it will be governed, financed, protected and ultimately exited.

    • Yes. The choice of ownership structure can affect tax treatment, regulatory approvals, corporate substance, financing flexibility, access to treaty protection and the ability to repatriate returns. We consider corporate residence, permanent establishment, beneficial ownership, transfer pricing, withholding taxes, regulatory requirements and the movement of capital through the structure.

      • We advise on governance and investor protections, including board representation, reserved matters, veto and consent rights, information rights, restrictions on additional financing, transfer rights, anti-dilution protections and exit mechanisms — rights that can be critical for minority investors specifically to protect economic value without requiring operational control.

        • For significant international investments, we assess whether the structure may benefit from protection under bilateral or multilateral investment treaties, including analysis of investor nationality, qualifying investment requirements, ownership and control, treaty coverage and substantive protections relating to expropriation, fair and equitable treatment, discrimination and arbitrary or unlawful state action.

          • Before. Investment treaty planning is most effective before capital is deployed and before a dispute becomes foreseeable. We integrate investment protection into the structuring of material investments rather than treating it solely as a disputes issue.

            • Where government action later affects a protected investment, our Investments team works closely with Averites’ International Arbitration practice to evaluate and pursue available contractual, treaty and domestic-law remedies.