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Acquisition and Sale of a Bank
Acquisition and Sale of a Bank The acquisition of a Bank in Kazakhstan is an attractive investment prospect due to Kazakhstan’s developing economy coupled with the great potential of the financial market. In view of the fact that many Kazakh banks have many clients and significant experience in the market, together with substantial assets, the acquisition of a bank in Kazakhstan, with a rational development plan, can become a worthy addition to a buyer’s asset portfolio. Another option is the sale of part of the shares in a bank to potential investors. This option can be attractive for major shareholders who are looking for necessary investment in their bank. New shareholders and investments will undoubtedly bring with them a new wave of ideas into the management for the development of the bank. In the acquisition and sale of a bank, legal advisers play an important role, since the issue of acquisition and sale of Kazakhstan’s banks is under local jurisdiction and there are corresponding requirements prescribed for the financial institutions by Kazakhstan’s legislation. Moreover, due to the fact that banks accumulate, attract and disposit large amounts of money, Kazakhstan’s legislation sets special requirements for changes of shareholders, for the obtainment of the status of a major shareholder, or for transactions with affiliated companies, etc. With excellent experience in this area, GRATA offers the service of a Local Legal Adviser to foreign as well as local investors interested in the acquisition or sale of local Kazakh banks (hereinafter, “Object”). The services of a Local Legal Adviser in the acquisition/sale of Objects includes the following services: -due diligence services; -the collection of documents (Conditions Precedent) concerning the legal status of the Object; -advice regarding the execution of the necessary documents for the acquisition/sale of the Object pursuant to the banking, corporate, currency, tax legislation of the Republic of Kazakhstan; -assistance in the execution of documents for obtaining permission for acquiring the status of a major shareholder; -advising with respect to the legal execution of documents on compliance with currency regulations requirements, prescribed for transactions with nonresidents of the Republic of Kazakhstan It is necessary to notice that for local Kazakh banks, the participation of an Independent Legal Adviser, providing a Legal Opinion on the legal status of the Object, its transactions, and its assets is usually a requirement of potential investors. As a rule, such a Legal Opinion is a kind of guarantee of the lawful activity and condition of the Object. If you have any questions or need some more information, please feel free to contact us. Best regards, "Finance and Securities" Department Tel.: +7 (727) 2 445-777 Fax: +7 (727) 2 445-776 finance_securities@gratanet.com |