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Global Presence |
Moscow
CMS Bureau Francis Lefebvre has been active in the Russian market for
15 years. Our team of 60, including nearly 40 experienced lawyers, has
been building its unique expertise on a wide range of projects relating
to the establishment and development of activities in Russia for the
benefit of our clients. For the past 2 decades, the Russian market has
been subject to profound changes. This market is extremely specific in
terms of economic culture, which makes it a difficult market to
penetrate. This is why our in-depth knowledge on its intricacies as
well as our excellent contacts within the Russian federal and local
administration are key to the practical implementation of projects.
Our
team works in close collaboration with the English-based law firm CMS
Cameron McKenna, who advises both Russian and international clients,
and, since 2004, the German-based law firm CMS Hasche Sigle. Together,
the three firms, under a single roof but acting independently,
constitute one of the most important legal teams in Moscow. With more
than 120 professionals, renowned for their expertise in energy,
telecommunications, financial services and real estate, we are able to
tackle the most complex matters.
We have been advising mainly on
Russian-based projects, but have also been involved in projects in the
former USSR Republics. As the Russian economy integrates in the global
economy, we are increasing our services tailored to our Russian
clients' needs.
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Our Practice Areas
Foreign Direct Investment
We provide comprehensive legal advice and assistance in establishing a presence in Russia, including:
- advising on the most effective investment strategy and investment form
- establishing structures (representative offices, branches, subsidiaries...)
- drafting and negotiating the required documents for the establishment of contractual and equity joint ventures
- antimonopoly assistance (FAS)
Corporate Restructuring and Mergers and Acquisitions
We assist clients in restructuring their Russian operations and
integrating their Russian involvement into their global strategy. Our
experience includes:
- documentation and contract drafting
- support in negotiations
- acquisitions, divestments and joint ventures
- shareholder's agreements
- legal and tax due diligence
- capital increase
- liquidation
- antimonopoly assistance (FAS)
Commercial Law, Distribution Law
Our expertise includes support on various commercial issues, in particular:
- optimising distribution and retail strategies
- drafting and reviewing import and export contracts, agency contracts, distribution contracts and standard terms and conditions
Tax
Our services in this area include:
- tax efficient planning of investments and transactions
- general taxation of private and state-owned organisations
- national and international High Wealth Individuals taxation
- property tax (for Russians and expatriates)
- VAT
- local taxes
- social taxes
- transfer pricing
- assistance during tax inspections
- assistance in handling litigation before the Russian courts
Banking, Finance and Insurance
We advise credit organisations as well as insurance companies on the
legal and tax aspects of their activities in Russia. Moreover, we
advise our clients on the financing aspects of foreign-owned companies
as well as on foreign exchange issues:
- setting up foreign-owned credit organisations and insurance companies (broker) in Russia
- legal and tax issues of credit activities (banking, factoring, leasing) and insurance
- drafting and revising loan agreements
- creation, registration and enforcement of guarantees and security interests such as share pledges or mortgages
- issues relating to Russian foreign exchange regulations
- setting up of loans for businesses and individuals
Employment Law
We can comprehensively advise on all legal issues arising in connection with employment in Russia, including:
- secondment contracts for expatriate employees
- employment contracts governed by Russian law
- social security issues
- legal issues arising from redundancy layoffs, restructuring and transfer of employees
- assistance in resolving employment disputes
- drafting documents required under internal regulations
Intellectual Property and Information Technologies
We provide our clients with effective strategies for the licensing of
their technology and the protection of their intellectual property
rights in Russia. Our track record includes:
- assisting in the registration and protection of trademarks,
patents, copyrights, domain names, know-how, trade secrets and company
names in Russia
- advising on trademarks, patents and know-how licence agreements
- advising on anti-counterfeit strategies
- enforcing intellectual property rights
- drafting and negotiating technology transfer contracts
Real Estate and Construction
We can duly protect the interest of companies and individuals acquiring real estate in Russia and Europe by:
- advising on, drafting, negotiating and registering agreements for the purchase of immovable assets
- conducting legal and tax audit of possible land and building acquisition structures
- advising on, drafting and negotiating leases
- advising on, drafting and negotiating construction contracts
- advising on and assisting in obtaining the necessary approvals and permits
Infrastructure Public Private Partnerships (PPP)
We can assist clients, in particular, in relation to:
- consortium formation
- joint bidding arrangements
- concession and investment contracts
Customs Law, International Trade Law
We can advise on all aspects of import-export activities:
- choice of economic regime for imports and exports
- negotiations with Russian customs authorities
- tax assistance for import activities
- circulation of products subject to excise duties
- calculating customs liability (origin of goods, customs value, tariff classification)
- drafting the required permissions and documents for customs clearance
- drafting the required documents for the import of personal goods
- customs clearance of assets contributed to the capital of Russian subsidiaries
- handling customs controls
Regulatory
We provide our clients with reliable and up-to-date
information concerning industry and commerce regulations, which are in
constant change:
- regulations affecting the food and drink sector
- regulations affecting the energy industry (deregulation of electricity and gas, development of renewable energy sources)
- regulations in the field of telecommunications, the Internet and e-commerce, data protection law
- regulations applicable to the media (television, radio, printed press)
- antimonopoly regulations
Immigration Law
Our services in this area include:
- choosing the best work and residency contract regime suitable for employees expatriated in Russia
- obtaining work permits
- regularising residence permits
Licensing and Certification
We assist companies and individuals as follows:
- advice on the regime of activities subject to licensing
- drafting
and negotiating with the relevant authorities the required
documentation for obtaining licences (e.g. for the consumption, sales,
production and alcohol import, construction licences)
- certification regime for goods and services
Dispute Resolution
We
represent clients in arbitration proceedings before Russian and foreign
arbitration commissions as well as before Russian courts.
Our Clients
Major international companies across a range of industry sectors instruct our Moscow office. Our clients are active in the following fields: aeronautics, alcohol, automotive, banking, construction, consumer goods, cosmetics, energy (oil, electricity, nuclear), food, large-scale distribution, logistics and transport, media, pharmaceutical and telecommunications.
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