Privatisation Overview

The SORAINEN Privatisation Practice advises foreign and local investors on privatisation of companies, real estate and other state and municipal assets in the Baltic States and Belarus. The firm's lawyers and tax advisers offer deep expertise and full-scope service in privatisation projects across the four countries.

Much of the privatisation process is completed in Estonia, Latvia and Lithuania, although several interesting companies may be privatised in the near future. The largest potential for privatisation is of course in Belarus. The Belarus Government is no longer publishing privatisation plans. A “spot privatisation” approach has been adopted whereby a private investor is welcome to propose acquisition of any state-owned enterprise. These proposals may be submitted to the governmental authorities that supervise the industries of potential privatisation targets (mainly ministries). From time to time, the government initiates privatisation tenders. In many cases, privatisation of a state-owned company requires a decision of the President in order to happen. The legal framework for privatisation and policy may be subject to frequent change, so you should consult your legal advisers when considering acquisition of state-owned assets in Belarus. 

Irrespective of the country where a privatisation project takes place, SORAINEN clients benefit from the combined experience and know-how of the firm's integrated Privatisation Practice gained in advising over many years on major privatisations across the Baltics and Belarus. The SORAINEN Privatisation Practice combines specialists from the M&A and Private Equity Team (who advise on privatisation of enterprises) and the Real Estate & Construction Team (who advise on privatisation of real estate), as well as the Tax & Customs Team (who advise on tax aspects).

• advice on privatisation procedures and possible process scenarios;
• structuring privatisation transactions;
• negotiations with privatisation agencies and governmental/municipal authorities;
• assistance with preparing bid documentation;
• legal due diligence of enterprises or other assets under privatisation;
• drafting and negotiating privatisation and investment agreements;
• advice on post-privatisation business restructuring;
• representation in privatisation-related disputes.