Legal support of international investment projects

21.07.2023

In this material, we will consider the main aspects of legal support for international investment projects. And we will answer the question of why legal advice and support play a key role in the successful implementation of projects.

Introduction

Regulation of International Investment Projects

International investment agreements

Bilateral and multilateral investment agreements concluded between states constitute an important legal basis for the protection of foreign investment. These agreements define the rights and obligations of investors, as well as the obligations of the states in which investments are made. They also provide dispute resolution mechanisms between investors and states.

Arbitration procedures and dispute resolution

Arbitration procedures play a key role in resolving disputes that may arise during international investment. These procedures include dispute resolution based on international investment agreements, such as the International Investment Dispute Settlement Center, and other dispute resolution mechanisms. Arbitration provides a fair and independent resolution of disputes and helps to strengthen the legal security of investors.

Knowledge of international investment law allows you to understand the basic norms and principles governing relations between investors and states on the world stage. This instrument not only protects the rights and interests of investors but also ensures stability during the implementation of international investment projects. Effective compliance with legal norms and procedures is an important factor in successful international investment.

Part 1. Legal Support of International Investment Projects: Protection of the Investors’ Interests

Legal support of international investment projects is the most important component of the investment process, which is a complex of legal services from experienced lawyers. The main goal is to ensure the legal protection of the interests of investors and the successful implementation of international investment projects.

Legal support is a whole range of measures aimed at protecting the interests of the investor at all stages of the project:

Evaluation and development of contracts, agreements, and other necessary documentation;
Ensuring compliance with regulatory requirements, including obtaining the necessary licenses and permits;
Protection of the investor's intellectual property, including registration and protection of patents, trademarks, copyrights, and other intellectual property;
Tax planning and tax compliance. Lawyers help develop tax strategies aimed at minimizing tax risks and optimizing taxation within the framework of an international project.
Management of corporate and commercial risks, analysis of legal aspects of transactions and agreements, as well as resolution of emerging disputes and conflicts related to an investment project.

Risk Mitigation and Legal Compliance

Legal support in the implementation of international investment projects provides two main conditions:

Protecting the interests of investors.
Compliance with the law.

If these conditions are met, then legal risks and tax obligations of investors are minimized, contractual conditions are met, and possible disputes are promptly resolved. Legal support is an integral element of the successful completion of international investment projects.

Part 2. Basic Principles and Stages of Legal Support for International Investment Projects

Regulatory requirements and licensing

The launch of an international investment project involves an in-depth analysis of regulatory requirements. Legal consultants study local and international laws to ensure compliance and obtain the necessary licenses.

The specific results of this analysis should be:

Determination of requirements for a specific investment project.
Assessment of project compliance with the legislation of the country of presence. In case of violations or inconsistencies, lawyers take actions to eliminate them.
Preparation and submission to the regulator of the necessary applications, documents, and materials for obtaining licenses and permits for activities. As well as carrying out the required procedures and providing additional information upon request.
Obtaining the necessary licenses and permits ensures the legal functioning of the project.
Development of a monitoring and control system that will ensure continued compliance with the requirements and conditions of licenses and permits
Ensuring compliance with international requirements and increasing the attractiveness of the project for foreign investors.
Development of strategies to minimize risks and prevent possible offenses. As well as providing legal support in case of disputes or violations of requirements.

Analysis of local and international legislative acts to ensure compliance with regulatory requirements and obtain the necessary licenses is the first and fundamentally important stage of legal support for international investment projects.

At this stage of the process, legal advisers are required to:

Ensure that the investment project fully complies with all legal requirements.
Obtain the necessary permits for legal activities and protect the interests of the investor.

Intellectual Property Protection

Legal support of international investment projects is fully focused on protecting the intellectual property of investors. At this stage, legal advisers are required to do their best to

Ensuring the legal rights of the investor to intellectual property (patents, trademarks, copyrights, etc.).
Protection of the investor's rights to intellectual property from possible violations.
Ensuring the exclusive rights of the investor to use and monetize the intellectual results of investment activities.

These necessary steps help to strengthen the positions of investment projects in the international market and increase their competitiveness.

Intellectual property protection is a whole range of measures that includes the following components:

Definition of intellectual property objects, their identification, and classification.
Registration of rights to intellectual property, including the preparation and filing of applications and ensuring the legal registration of legal protection and obtaining appropriate certificates.
Legal support and advice, including the development of strategies to strengthen rights, prevent violations and resolve disputes that arise.
Monitoring and detecting violations through market surveillance, as well as identifying and recording violations, preparing relevant documentation and maintaining rights protection procedures.
Protecting the interests of investors in the event of disputes or conflicts related to intellectual property through negotiations, mediation, arbitration procedures and litigation.
Preparation and approval of license agreements, transfer of rights to use intellectual property. Protection of the rights and interests of investors during commercial use and the transfer of their intellectual results to third parties.

Intellectual property protection plays an important role in ensuring the success of international investment projects by protecting investors from infringement and facilitating the development of their intellectual assets.

Tax planning and compliance

Legal and tax advice in the process of tax planning and compliance with tax obligations are focused on such actions as:

Tax Legislation Analysis:

investigate local and international tax regulations that could potentially impact an investment project. Assessment of tax rates, accounting methods, tax incentives and opportunities for optimizing tax liabilities.

Development of tax strategies:

creation of strategies and plans to minimize tax risks and optimize tax liabilities. Determination of the best structures for ownership and management of project assets, considering the tax implications.

Accounting and reporting:

establishment of a system of accounting and reporting in accordance with the requirements of tax legislation. Preparation and submission of tax returns and reports to the relevant tax authorities.

Obligations and control:

compliance with tax obligations and timely payment of tax payments. Participation in tax audits and inspections by the tax authorities. Resolution of emerging disputes and conflicts with tax authorities.

Monitoring of changes in tax legislation:

tracking changes in tax legislation and their impact on the project. Analysis and adaptation of tax strategies and plans in accordance with new requirements.

These steps are aimed at optimizing the tax burden and reducing risks for international investment projects, which contributes to their sustainable development and success.

Corporate and commercial risk management

The last but no less important aspect of protecting the interests of investors in the process of legal support of projects is the management of corporate and commercial risks. Risk management includes the following aspects:

Identification and assessment of potential corporate and commercial risks that may arise during the implementation of an investment project.
Development of risk management strategies aimed at preventing and managing risks during the project.
Control and monitoring of risks throughout the life cycle of the project.
Development of insurance mechanisms, guarantees and contractual conditions that protect the interests of the project parties.
Solving the problems and disputes that have arisen, including alternative resolution methods that minimize the negative consequences for the project.
Corporate and commercial risk management in an international investment project requires a systematic and proactive approach throughout the project implementation process.

Part 3. Legal Support for an International Investment Project: from an Idea to its Implementation

In this section, we will consider in detail the process of legal support for an international investment project, from preliminary consultation to post-investment support.

Preliminary legal advice

It plays a key role in the preparatory stage of international investment projects.

The work of analysts at this stage is as follows:

They study the project in the context of the legislative subtleties of the country of presence.
Assess potential risks. Risks may be legal, financial, regulatory, or reputational. Risk assessment is aimed at their preliminary identification and the development of strategies for their prevention or mitigation.
Evaluate the potential opportunities and benefits that the project can provide, including legal aspects. This allows you to identify the potential for growth, development, and successful implementation of the project.
Prepare an analytical report that summarizes the results of the project analysis, identifies risks and opportunities, and makes recommendations for making informed decisions. Consultants may suggest risk management strategies, alternative approaches, or recommendations for changing the legal structure of the project.

Preliminary legal advice is a roadmap for the investor, which gives a clear idea of the legal component of the investment project and outlines the path of its implementation.

Legal support in concluding contracts and agreements

At this stage of legal support, lawyers develop reasonable contracts and agreements, ensure compliance with the law, and protect the interests of the client.

Legal support includes the following aspects:

Participation in negotiations between the parties to the project, representing the interests of the client, to provide legal expertise, analysis, and evaluation of the proposal, as well as to achieve mutually beneficial conditions and agreement between the parties.
Development of contracts and agreements that establish the rights, obligations, and responsibilities of each of the parties. They consider legal requirements, regulations and the specific needs of the client.
Compliance with laws and regulations in the development and conclusion of contracts and agreements. Lawyers monitor changes in legislation and update documents in accordance with new requirements.
Protection of the interests of the client in the conclusion of contracts and agreements, with an emphasis on the inclusion of appropriate conditions, reservations, and guarantees that protect the client in the event of disputes or violations.

Legal support in the process of concluding contracts and agreements is a guarantee to protect the investor's interests and minimize possible risks for the investor. The work of lawyers at this stage is mandatory.

Post-investment support

After the conclusion of the necessary contracts, obtaining licenses, and launching an investment project, it nevertheless requires constant legal support.

Post-investment legal support for an investment project is necessary for:

compliance with the terms of the agreements,
dispute settlement,
monitoring of legal risks.

Post-investment support includes the following aspects:

Control over compliance with the terms of agreements, monitor the fulfillment of obligations by the parties established in the documents, and take the necessary legal actions in case of their violation.
Settlement of emerging disputes between the parties to the project through negotiations, representing the interests of the client in arbitration or judicial procedures.
Control of changes in legislation, the business environment and other factors that may affect the implementation of the project. Providing advice and guidance on adapting to new conditions and ensuring compliance with legal requirements.
Continuous monitoring of the legal risks associated with the project and taking measures to prevent or minimize them.

Post-investment support allows clients to ensure the stability and implementation of investment projects on a long-term basis. The work of lawyers at this stage is aimed at ensuring legal security, protecting the interests of the client, and preventing possible legal problems during the implementation of the project.

Part 4. The General Work Scheme of Our Company

Handling Investment Projects from Inception

Step 1: Reviewing the Application
Thoroughly examining the submitted proposal, encompassing project objectives, anticipated outcomes, budget, and project timeline.
Step 2: In-depth Discussion with the Client
Conducting a comprehensive interview with the client to clarify information, address project needs, and explore project intricacies.
Step 3: Initial Consultation on Investment Project Support
Convening either in person or online to evaluate the investment climate, scrutinize market conditions, and define strategic objectives.
Step 4: Defining Collaborative Areas
Mutually establishing strategic objectives and crafting an action plan.
Step 5: Elaborating an Investment Project Plan
Drafting a detailed plan, inclusive of milestones and resource allocation, to achieve project objectives.
Step 6: Aiding in Business Plan Preparation
Offering guidance and assistance in developing an investment project business plan, encompassing crucial elements and financial projections.
Step 7: Project Implementation and Legal Support

Executing planned activities, such as company registration, asset procurement, contract development, and providing legal support during the post-investment phase.

Engaging with Established Enterprises

Step 1: Scrutinizing the Proposal
Meticulously reviewing the proposal and analyzing critical aspects of the investment project pertinent to the existing business.
Step 2: Initial Communication with the Client
Conducting interviews to gather further data about the current business and discuss investment strategies.
Step 3: Preliminary Investment Project Consultation
Deliberating the specifics of the investment project, assessing the current state of the business, and defining strategic objectives.
Step 4: Crafting a Maintenance Plan
Formulating an intricate plan encompassing necessary steps and activities.
Step 5: Undertaking Due Diligence Procedures
Conducting an in-depth analysis and verification of the legal, regulatory, and financial facets of the current business, including property rights, debts, and licenses.
Step 6: Risk Assessment and Tax Analysis
Evaluating the risks associated with investing in the current business, analyzing tax implications, and developing risk management strategies.
Step 7: Post-Investment Support

Providing legal assistance and overseeing risk control during the post-investment phase, including business management and issue resolution.

To request a consultation regarding international investment project support and to obtain additional information about our services, please reach out to us directly or submit a request through our feedback form. We are fully prepared to provide you with the necessary expert assistance and support to realize your investment objectives.

Conclusion

Legal support for the successful implementation of an international investment project is the specialization of our company. We provide a full range of legal services to deeply understand the essence of the project and ensure its successful implementation.

To create a new investment project, we analyze its key aspects for proper positioning and set strategic priorities. Together with clients, we develop a detailed project plan, considering legal, financial, and technical aspects, as well as provide support in developing the business plan necessary to attract investments.

If you need support for an existing investment project, then our consultants will deeply analyze the current problems of your business. We develop a support plan, including a due diligence procedure, within the framework of which an in-depth analysis of legal and financial aspects is carried out. We also provide post-investment support, including legal protection and risk management. Contact details can be found in the relevant section of our website, or you can fill out the feedback form.