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Mergers and Acquisitions in Private International Law

Student: Andrei Semenov

Supervisor: Natalia Yerpyleva

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 7

Year of Graduation: 2020

The structuring M&A transaction is one of the most developed legal practice in Russian and international law firms. In 2000th, international law firms mostly handled this practice, using foreign law for structuring, but the situation has significantly changed since 2010. Now, Russian law firms self-confidently approaches such transactions. This change can be explained by many factors such as economic, political shifts in Russian Federation. The main purpose of M&A transactions is purchase and sale of business and the main economic function is a redistribution of capital. In consideration of purpose and function, the structuring of such transaction is complex and challenging that adjusted reasons for international law firm domination in this sphere in 2000th. Other key-factors are the intensification of Russian law ruling, the de-offshoring policy and growth of mandatory rules, from one side, and transplanting of foreign legal institutes, from another side. All noted factors force legal community to pay attention to the structuring M&A transaction in international perspective. This work is focused on M&A legal instruments that provide structuring in relation to applying foreign legal construction and their applicability depending on overriding mandatory rules and Russian mandatory rules. The research is concerned on how private law regulation in relation to M&A legal instruments is working in Russian jurisdiction. The work is concentrated on the most usable institutes in M&A world in Russian and international practices.

Full text (added May 10, 2020)

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