AEQUO Law Firm

AEQUO advised the European Bank for Reconstruction and Development on a EUR 20,000,000 local currency loan to ProCredit Bank Ukraine     AEQUO acted as Ukrainian law counsel to the European Bank for Reconstruction and Development (EBRD) in connection with a new EUR 20,000,000 loan in local currency to ProCredit Bank Ukraine (PCBU).     PCBU is one of the leading privately-owned banks with foreign capital in Ukraine. EBRD’s funding will support ProCredit Bank’s medium-term lending programme to Ukrainian private businesses, including in critical sectors such as agribusiness, food security and manufacturing.  This loan will enable PCBU to help its small- and medium-sized enterprise (SME) clients address working capital and investment needs, safeguarding livelihoods and sustaining key business activities. The loan will be supported by an interest rate subsidy of up to 10 per cent from the European Union via EU4Business.    As well as supporting firms impacted by Russia's war in Ukraine, the loan will contribute to the resilience of Ukraine's banking sector, since medium-term local-currency funding options remain limited domestically.       “Facilitating access to finance for Ukrainian SMEs is a crucial task for Ukraine's resilience that both EBRD and ProCredit Bank Ukraine are undertaking. We were pleased to have assisted EBRD with this important transaction, helping to carry it out quickly and efficiently”, comments Yulia Kyrpa 🇺🇦, executive partner at AEQUO. 

The AEQUO competition team has achieved the highest Elite recognition in the international GCR 100 ranking. Under the leadership of partners Mariya Nizhnik and Sergiy Denisenko, whose professionalism and achievements were recognized by the ranking, our team consistently demonstrates exceptional expertise, addressing the most complex challenges in competition law. GCR 100 is a prestigious ranking that spans 57 jurisdictions and highlights the world’s leading competition law practices. Its evaluations are based on independent research, surveys of top law firms, and an analysis of their performance over the past year. 

The year drawing to a close has been especially meaningful for us, as it marks the first 10-year milestone in the journey of our firm. Founded during a pivotal moment in our country’s history, our firm has become what is known in Western corporate culture as a crisis-driven innovator. However, our collective drive for positive change is not merely a trait that unites our team but the imperative of the moment. Ukraine is undergoing active, often painful transformations aimed at eliminating dependence on the Russian aggressor and transitioning towards a European future. In an article for NV's year-end publication, created in collaboration with The Economist, we analyzed the profound changes in the energy, banking, agricultural, and other sectors—changes we have not only observed but actively contributed to. You can read it here (text is in Ukrainian) -  https://lnkd.in/dbA5RQm4

The festive season inspires us to embrace gratitude and believe in new beginnings. Thank you for your strength, support, and belief in Ukraine. Wishing you a joyful New Year and happy holidays!

Intellectual property is the engine of innovation, and we at Aequo are proud to help future legal professionals master this essential field. As part of our long-standing partnership with the Ukrainian Catholic University, Aequo partner Tetiana Kudrytska delivered an Intellectual Property Law course, culminating in a Moot Court exam for the students. Thanks to Tetiana’s initiatives, students not only gain practical knowledge but also participate in international conferences, establish connections with leading experts, and deepen their understanding of global trends in IP law. Since 2022, more than 70 students of the UCU Law School have taken this elective course on Intellectual Property Law. We believe that the future of the legal profession belongs to those who think creatively, act strategically, and are ready to tackle the challenges of a globalized world.  

AEQUO team acted as the legal advisor to the EBRD on the conceptualisation of the factoring reform and drafting the Law of Ukraine "On Factoring". A consortium of AEQUO and renowned Washington-based International Law Institute was selected by EBRD back in 2023 to design the concept of the factoring reform and hold a pen on the draft Factoring Law, as well as amendments to the subordinate legislation.  Throughout 2023-2024, AEQUO worked in close cooperation with the experts of the International Law Institute, NBU, EBRD and representatives of the Ukrainian trade finance market to develop the new legal framework for factoring transactions in Ukraine in line with the UNIDROIT Model Law on Factoring. As a result of joint efforts, the draft Factoring Law was finalised and submitted by the NBU to the Verkhovna Rada of Ukraine on the 6th  of December 2024 (draft law No. 12306). In fact, Ukraine is among the leaders of implementation of the best practices of UNIDROIT MLF into the local framework.  The Factoring Law will introduce a number of important changes, such as: ➡️ for the first time in Ukraine, there will be a clear legal differentiation between trade finance and sale of bad debts. Pursuant to the draft Law, trade receivables only will be eligible for factoring, while sales of financial receivables will be done based on cession;    ➡️ considering that factoring has previously been often associated in Ukraine with the acquisition of bad debts rather than working capital financing, the draft Law establishes certain restrictions on the activities that can be pursued by non-bank factoring companies, especially as it relates to interaction with consumers;    ➡️ the draft Law envisages launch of the register of factoring assignments of receivables, which will determine priority among competing assignments and will also help to prevent fraud stemming from double assignment of the same receivables;    ➡️ the draft Law provides for overarching  restriction in respect of anti-assignment clauses, declaring any such contractual prohibitions and restrictions on assignment of receivables null and void;    ➡️ the draft Law sets a very solid ground for the upcoming implementation of the EU Credit Servicers and Credit Purchasers Directive in Ukraine. In particular, the Factoring Law will facilitate the secondary market of the NPL sales by allowing unregulated entities, other than financial institutions, to carry out such debt purchases.    AEQUO is committed to continue supporting the draft Law as it enters the legislative process in order to facilitate swift implementation of the factoring reform in Ukraine.   AEQUO project team included associates Dmytro Shudrenko and Konstantyn Dovhan, who worked under supervision of Yulia Kyrpa 🇺🇦, executive partner and head of Banking&Finance practice group of the firm.  

Responsibility is the foundation of the legal profession. However, for us, as Ukrainian lawyers, the challenging path of our country, its struggle against aggression, adds a deep social dimension to this concept. At Aequo, we keenly feel our responsibility — to our team, our clients, our defenders, and to those who have suffered due to the war. We see and seize opportunities to be useful to veterans and those who, through their defense-tech developments, are helping to bring about victory. We actively engage in European integration processes. Collaborations with the Superhumans Center, BRAVE 1 cluster, and the Ministry of Defence are projects that we are truly proud of. As the first national law firm to join the UN Global Compact in 2018 and releasing the Sustainability Report in 2021, we took a significant step forward for ourselves and set an example for the Ukrainian legal market, inspiring colleagues from other firms.

Ukraine strengthens its position in the technology sector: Draft Law No. 9319 adopted, developed with Aequo's involvement The Diia.City United actively worked on the development of the draft law, with the Aequo team, represented by Babych Anna and Mykyta Polataiko, joining as legal advisors. Together, we carried out effective work to improve the legal and tax framework of Diia.City. The draft law unlocks new opportunities for the development of the technology business, encourages investment, and strengthens Ukraine's position as an innovative jurisdiction. What does Draft Law No. 9319 include? ✅ Taxation of gig specialists and Diia.City companies: Clarified tax specifics during the transition of residency. ✅ Pension benefits: Companies can allocate part of specialists' remuneration to private pension funds without changing special tax rates. ✅ Simplified documentation: The requirement to sign service acts for gig specialists has been abolished. ✅ Tax changes for foreign specialists: VAT will not be charged on services provided by foreign gig specialists as imported services. ✅ Charity tax benefits: Charitable activities for the benefit of the state are exempted from taxation for Diia.City residents under special conditions. ✅ Anti-"Russian trace" criteria: Companies with Russian owners cannot become Diia.City residents, regardless of their current place of residence. ✅ Clarifications from the Ministry of Digital Transformation: The scope of issues for which the Ministry can provide official explanations regarding Diia.City legislation has been expanded. The draft law was developed through the initiative and partnership of the Ministry of Digital Transformation of Ukraine, with the support of the Verkhovna Rada of Ukraine and members of the Committee on Finance, Tax, and Customs Policy, who listened to the needs of businesses and facilitated the adoption of these critical changes. Aequo acted as the legal advisor to Diia.City United and is proud of this partnership. We believe that such synergy between businesses, the government, and the expert community is essential for creating conditions that foster the development of the tech industry and strengthen Ukraine's role on the global stage.

The Supreme Court of the Netherlands dismissed the cassation complaint of the Russian Federation regarding the arbitral award in a case where Aequo in team with Covington & Burling acted for Naftogaz Group seeking damages from expropriation of their assets in Crimea.    In the challenged award the Arbitral Tribunal at the Permanent Court of Arbitration in the Hague confirmed its jurisdiction over the claims of Naftogaz Group and found that Russian Federation breached the bilateral investment protection treaty with Ukraine. Recap: 2016: Naftogaz initiated arbitration proceedings against RF based on the bilateral investment treaty.    2019: The Arbitral Tribunal confirmed its jurisdiction over the case and found that RF unlawfully expropriated the claimants’ assets.    2022: The Court of Appeal in the Hague upheld the2019 arbitration award.    2023: The Arbitral Tribunal ordered RF to pay $5 billion in compensation for the damages. 

Aequo Supported the “Techosystem Annual Gathering” and the “Top 100 Rising Ukrainian Startups” Catalog as a Partner During the event, which brought together key players in the tech ecosystem, partner and head of Aequo’s Defense, Security, and Aerospace Industry Group, Michael Lukashenko, took part in the catalog presentation. In his remarks, he stated: "Ukrainian startups showcase incredible ingenuity and resilience, even during times of significant challenges. This catalog is a powerful tool for international investors seeking innovative solutions and new opportunities. At Aequo, we are always committed to supporting the development of technologies that shape Ukraine's future." The “Top 100 Rising Ukrainian Startups” catalog highlights the achievements of 100 leading Ukrainian startups, showcasing their growth potential and innovative ideas. The publication includes detailed company profiles, analytical data on teams, sources of investment, revenue, and other key metrics, offering a comprehensive overview of the startup landscape. The catalog was created with the support of the Ukrainian Startup Fund, Aequo Law Firm, and design partner Awesomic, as well as informational support from AIN.UA and the Ukrainian National Office of Intellectual Property and Innovation. You can explore the catalog at the following link: https://lnkd.in/gtZWtw_x We thank the organizers, the Techosystem association, for the opportunity to contribute to the promotion of Ukrainian innovations!