Project Finance

At the present stage, the Republic of Kazakhstan is building its own path of development through the modernization and strengthening of the industrial sector of the national economy. The new stage of development of the Kazakhstani economy determines the need to attract a sufficient amount of investment resources. Project investing is a comparatively new financial organization discipline that has become widespread in our country, as with the status of “developing”.

According to the Law of the Republic of Kazakhstan dated July 2, 2018 No. 167-VI “On Currency Regulation and Currency Control”, the attraction of monetary funds in form of credits, loans and other from non-residents is considered as currency transactions involving movement of capital, which are subject to restrictions, approvals and permissions of the National Bank of Kazakhstan.

We help you gain a clear understanding of the regulation of financial services in Kazakhstan. We advise on all issues in this area, including those related to making payments and regulating electronic money, and, when necessary, interact with government agencies.

Our services in the sphere of Project Finance

• advising on Kazakhstan law in the areas of required authorizations, consents, permitting framework, regulation, investment, investment protection and other key aspects to Project Finance;
• drafting and finalization of the Terms Sheet to be entered into by financiers from an Kazakhstan law point of view.
• assistance with drafting of the core finance documents to be prepared in frame of  Project Finance, including inter-creditor arrangements, common terms and/or facility agreements, account bank arrangements, security documents, direct agreements, sponsor completion support, shareholder loan subordination agreements and other customary documentation for project financing;
• assisting in the preparation, collection, review and confirmation of the conditions precedent (CP) to financial close and conditions subsequent (CS);
• providing legal opinions to the client as are customarily required for project financing;
• providing any other support and advice to the client on the legal aspects of the transaction to ensure the successful and timely financial close for project financing.