Expertise/Contract Law

Service

Licensing

A number of activities require a licence, membership of a self-regulatory organization, accreditation or another form of authorization, and the established requirements must continue to be met after it has been obtained.

We are most often instructed by:

  • Companies starting an activity that requires authorization
  • Companies holding a licence or other authorization
  • Companies challenging a refusal or other decision of the competent authority

The information on this website is provided for information purposes only and does not constitute a public offer.

What the Service Includes

Timing and Fees
–timing on request
from ₽fee on request

Timing and fees are indicative and are confirmed when the engagement is agreed.

01 / Overview
Authorization regime

Activities with the same name may fall under different authorization regimes. At the outset, it is determined not only whether there is an obligation to obtain a licence but also whether other requirements apply instead of or alongside it: membership of a self-regulatory organization, accreditation, entry in a special register or a notification procedure.

Work on authorizations covers not only obtaining the initial authorization but also monitoring changes, preparing for inspections and remedying in good time any non-compliance that may affect the right to continue the activity.

02 / Outcome
Service Outcome
  • Opinion on the authorization regimeA written conclusion on what authorization the activity requires and what requirements apply to it.
  • Preparation planA list of steps and documents to bring the company into compliance with the requirements.
  • Filing setThe application and documents, reviewed before the application is made to the competent authority.
  • Materials for the review processReplies to the competent authority's comments and requests, documents for obtaining or amending the authorization.
  • Inspection and appeal materialsDocuments for regulatory checks, objections and complaints against decisions of the competent authority.

The outcome of the service is the work performed within the scope agreed with the client.

03 / Projects
Selected Projects
01 / 05

Joint activity

Distribution partnership between English, Kazakh and Chinese companies

Challenge

English, Kazakh and Chinese companies were forming a partnership for joint activity in distribution. The relationship between the participants was worked out under the law of England and Wales.

What was done

The arrangements for conducting the joint activity, the distribution of economic results, decision-making and changes in the membership of the partnership were worked out. The work included participation in drafting and negotiating the documents, taking into account the interests of participants from three jurisdictions.

Financing structure

Co-investor obligations and security in a grain elevator construction project

Challenge

Funds from several co-investors were being raised to build a grain elevator. Their obligations had to be combined into a single financing structure.

What was done

A comprehensive structure was developed combining the investors' obligations with security and option mechanisms. The procedure for providing funds, the interrelationship between the individual elements of the transaction and the terms defining the parties' rights under different project implementation scenarios were agreed.

Cross-border transaction

Contractual relationship between Russian and Kazakh companies under the law of England and Wales

Challenge

A Russian and a Kazakh company were entering into a transaction whose documents were governed by the law of England and Wales.

What was done

The work included advice on the structure of the contractual relationship and participation in drafting and negotiating the terms of the transaction. Specific issues were worked out in the light of the chosen governing law and the involvement of parties from different jurisdictions.

Foreign trade contract

Negotiating a Chinese-law contract for the supply of production equipment

Challenge

Participation in advising the Russian party on a transaction for the supply of production equipment governed by Chinese law. Advisers from China were engaged on matters of Chinese law.

What was done

The terms of the contract were negotiated, and specific issues relating to the Russian and Chinese parts of the transaction were coordinated. The comments of the Chinese advisers were taken into account in working out the contractual terms and the final version of the documents.

Contract review

Pre-signing review of contracts for the international sale of goods

Challenge

A Chinese company required a legal review of contracts for the international sale of goods between China and Russia. Such contracts carry risks of inconsistency in the governing law, delivery terms and dispute resolution mechanisms.

What was done

The review covered the governing law, delivery terms (Incoterms), the dispute resolution procedure and the currency and tax aspects of the contracts. The risks identified were eliminated before signing.

04 / Questions
Frequently Asked Questions

Whether a licence is required depends primarily on the range of work or services actually performed. The analysis covers what the company does, how its activities are organized, what equipment is used and to whom services are provided; these circumstances are compared with the applicable authorization regimes.

The results of the analysis are set out in writing and used for internal decision-making.

The requirements and conditions for obtaining a licence depend on the specific type of activity. They relate to premises, equipment, the qualifications and composition of staff, internal procedures and documents.

First, the applicable requirements are identified and compared with the company's current position. Once any discrepancies have been remedied, a set of documents is prepared and the application to the competent authority is supported.

The time needed to obtain a licence depends not only on the procedure for considering the application but also on the extent to which the company already meets the established requirements.

If premises, equipment, staff or internal documents need to be prepared, the timing is determined after an initial assessment of the company's position.

This depends on the nature of the change and the specific authorization regime. A change in the addresses at which the activity is carried on, the list of work performed, organizational details or other circumstances may require the changes to be formalized or additional steps to be taken.

Such changes are analysed in advance to determine their effect on the ability to continue the activity without interruption.

The grounds, subject and scope of the regulatory check are verified, documents are prepared and dealings with the officials are supported.

Following the check, the violations recorded are analysed, and objections, documents on remedying the violations or appeals against the decisions issued are prepared.

First, the grounds for refusal are analysed: whether the problem relates to the documents, non-compliance with the established requirements or the legal assessment of the activity.

Depending on the situation, the deficiencies are remedied and the documents are resubmitted, or the decision is appealed in the prescribed manner.

An hourly rate, a fixed fee or a combined model is used; in some cases part of the fee depends on the outcome achieved. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.

Key Contacts
Deni Murdalov Deni Murdalov Partner, PhD (Law), LL.M. Ilya Smirnov Ilya Smirnov Partner

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Concluding, Amending and Terminating Contracts Foreign Trade Contracts Commercial Models and Contract Structuring Contract Management on Retainer Systematic Contract Management Sanctions Compliance Trade Secrets and Confidentiality Documents and Consultations

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