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Regulatory Approvals & Government Incentives

Clearances and Incentives Built Into the Deal, Not Bolted On After

Averites advises investors, companies and project sponsors on the regulatory approvals and public-sector support that may determine whether an investment can proceed and whether its economic assumptions can be achieved.

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OUR APPROACH

How We Advise on Regulatory Approvals and Government Incentives

  1. Identifying Regulatory Requirements at the Structuring Stage

    Investments and acquisitions may require foreign investment screening, merger control clearance, sector-specific approvals, licenses, permits, government consents or other regulatory authorizations. We identify these requirements at the structuring stage and incorporate them into the transaction timetable, closing conditions and allocation of regulatory risk between the parties.

  2. Foreign Investment and National Security Review

    Our lawyers advise on foreign investment and national security review mechanisms affecting acquisitions, minority investments, joint ventures and other transactions. Where filings are required in multiple jurisdictions, we coordinate with local counsel and ensure that the different review processes are reflected in the broader transaction strategy.

  3. Merger Control and Competition Clearances

    We also work with our Competition practice on merger control and related transactional clearances, including the analysis of filing thresholds, substantive competition issues and remedies or commitments where necessary.

  4. Regulated Industries and Change-of-Control Approvals

    For investments in regulated industries, we advise on licensing, ownership restrictions, change-of-control approvals and sector-specific requirements affecting the establishment, acquisition or operation of the business.

  5. Government Grants, Subsidies and State Aid

    Government support can also form a material part of the economics of an investment. Averites advises on government grants, subsidies, state aid, public financing programs, tax-related incentives and other investment support measures.

  6. Evaluating the Conditions Attached to Public Funding

    We assist clients in evaluating the conditions attached to public funding or incentives, including investment commitments, performance milestones, reporting obligations, ownership restrictions, clawback provisions and other continuing requirements.

  7. Investments Involving a Public Authority

    Where an investment involves a public authority, we also advise on investment agreements, government support arrangements and contractual mechanisms designed to allocate regulatory and sovereign risk.

  8. Regulatory and Government Support as Integral Deal Elements

    Our objective is to ensure that regulatory approvals and public support are treated as integral elements of the investment rather than as separate compliance matters addressed only after the commercial transaction has been negotiated.

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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

  • Investments and acquisitions may require foreign investment screening, merger control clearance, sector-specific approvals, licenses, permits, government consents or other regulatory authorizations. We identify these requirements at the structuring stage and incorporate them into the transaction timetable, closing conditions and allocation of regulatory risk between the parties.

    • Yes. Our lawyers advise on foreign investment and national security review mechanisms affecting acquisitions, minority investments, joint ventures and other transactions, coordinating with local counsel where filings are required in multiple jurisdictions.

      • Yes. We work with our Competition practice on merger control and related transactional clearances, including the analysis of filing thresholds, substantive competition issues and remedies or commitments where necessary.

        • For investments in regulated industries, we advise on licensing, ownership restrictions, change-of-control approvals and sector-specific requirements affecting the establishment, acquisition or operation of the business.

          • Yes. Government support can form a material part of the economics of an investment. We advise on government grants, subsidies, state aid, public financing programs, tax-related incentives and other investment support measures.

            • We assist clients in evaluating the conditions attached to public funding or incentives, including investment commitments, performance milestones, reporting obligations, ownership restrictions, clawback provisions and other continuing requirements.

              • Yes. Where an investment involves a public authority, we advise on investment agreements, government support arrangements and contractual mechanisms designed to allocate regulatory and sovereign risk.

                • From the outset. Our objective is to ensure that regulatory approvals and public support are treated as integral elements of the investment rather than as separate compliance matters addressed only after the commercial transaction has been negotiated.