Corporate agreements. Qualifying shareholding in banks and financial institutions
Strengthening of the normative and regulatory requirements for the ownership structure and establishing the obligation of disclosure of real owners (beneficiaries) throw down new challenges, requiring the right decisions and rapid adaptation to new business conduction approaches, for banks, professional stock market participants and other financial companies.
The Gryphon Group team has many years of practical experience in supporting successful acquisition processes (with exceed of limits in 10%, 25%, 50%, 75% of the authorized capital thresholds) in banks, asset management companies, and financial companies.
In this practice we offer:
- Carrying out legal and financial researches (Compliance) for the compliance of the acquirers of the qualifying shareholding with the regulatory requirements regarding:
- transparency of ownership structure;
- impeccable business reputation of the shareholders and management of the company;
- Compliance with other legislative requirements.
- Carrying out financial audit of legal entities-purchasers of qualifying shareholding and drawing up audit conclusions for the purpose of confirmation:
- proper financial condition;
- stockholder equity security;
- transparency of operations on the formation of the authorized capital;
- source of funds for acquiring qualifying shareholding.
- Support in fund raising necessary for payment of the acquired share in the authorized capital of a financial institution
- Advisory services on tax issues of acquiring the qualifying shareholding
- Analysis of the need for obtaining a permit from the Anti-monopoly committee of Ukraine for concentration
- Framing of treaties for the purchase and sale of corporate rights
- Preparation of all necessary documents for acquiring the qualifying shareholding
Interest intermediation of the acquirer of the qualifying shareholding in the National Bank of Ukraine, National Securities and Stock Market Commission of Ukraine, the National Financial Services Commission or the Anti-monopoly committee of Ukraine of Ukraine