Dealing with government agencies and state-owned companies is very different from dealing with private companies. The larger is an organization, the more bureaucratized it is.
It actually makes sense because large companies have their own corporate policies and procedures that help to structure and systematize their activities. When your counterparty is a government agency or a state-owned company, there is no use in resisting their internal rules and regulations, a much better strategy is to devise a clear plan as to how coordinate your efforts within the framework of their internal rules and regulations.
Moreover, after you have learned to work together, the staff of the government agency or company will be willing to maintain your effort. That being said, document drafting will be entirely your responsibility, as government agencies and suchlike will only deal with the documents that are completely finished.
In this case we were hired to facilitate an exchange of real estate properties.
One of the parties had a property that was registered as being under the use-right and under the ownership right. It should be noted that property registered as being under the use-right cannot be put for sale on the market.
The property that was in the ownership of the state corporation was encumbered by a bank loan.
The state corporation needed to transfer the government agency a certain amount of floor area but the area that the corporation owned was unsuitable. It was decided that the state corporation should transfer to the commercial company the amount of floor area equal in value to its immovable property.
In return, the commercial organization would transfer its immovable property to the government agency. To perform such an exchange, the commercial organization and state corporation established a joint-stock company and contributed assets in equal shares to its charter capital. Within this join-stock company the bank loan was transferred from one object to another.
The property that was now freed from encumbrance, under a donation agreement, was transferred into economic management of the government agency.
The state corporation sold shares of the joint-stock company to the commercial organization. The exchange of assets lasted for three years and was conducted according to the mutually approved plan and all the necessary rules and regulations. At the stage of plan preparation and approval it was expected that the transaction would be a lengthy and difficult process but in reality it went rather smoothly.
Разрабатываем Стратегии для собственников бизнеса в целях оптимизации группы компаний, решения нестандартных задач и продажи активов. Оказываем услуги по сопровождению сделок M&A, управлению непрофильными активами и проектами в целом.
