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Investment in Industrial Construction

Companies running their business in the sphere of the real economy are faced with the necessity to construct new industrial facilities, to redevelop or carry out capital repairs of existing facilities. Expanding the current output and launching new businesses or departments are basic elements of investment activity for both Russian and foreign investors. The requirements of the legislation, which are rather extensive in volume and abundant in regulations in addition to numerous contradictions and ambiguities, are inevitable bumps on the road to constructing (redeveloping) industrial facilities.

We offer our clients a range of financial and legal services to address issues related to the construction of industrial facilities:

Before construction

  • planning work at the stage of developing an investment project in view of:
    • function allocation between the parties of an investment project;
    • financing terms of the project;
    • future recognition of ownership title to the facilities under construction and taxation aspects of the investment project;
  • representation in dealing with the authorities to obtain rights to the land for construction, due diligence of rights to the land and the industrial area;
  • consultancy upon making an agreement with the design and survey organizations, and representation in drawing up the project documentation, obtaining permits and reviewing the project documentation;
  • consultancy on the process of obtaining technical conditions for connection to utility services with the prospect of acquiring ownership of the services;
  • consultancy upon obtaining a construction permit;
  • consultancy upon concluding contractor agreements, equipment supply and installation contracts;
  • consultancy on compliance with the requirements of different industries and institutions of the Russian legislation: environmental, tax, corporate, antitrust, land, and industrial safety legislation.

During construction

  • development of relationship regulations among the participants of construction (Investor - Developer - Technical Client - General contractor - Contractor), which will reduce the risk for the participants and ensure optimum taxation in line with the legislation of the Russian Federation;
  • review of the construction documents in order to protect the Investor’s rights and comply with the tax legislation during construction;
  • consultancy on the requirements of urban development legislation and environmental legislation;
  • financial control of construction expenditures, of budget (cost estimate) execution;
  • consultancy on determining the initial cost of facilities under construction, calculating depreciation;
  • legal support of commissioning the facilities under construction;
  • registration of ownership title to completed facilities.

The materials available in this section will facilitate:

  • understanding of the way construction stages are linked (Construction/Redevelopment of Capital Construction Facilities);
  • dealing with the question of function allocation between the parties of an investment project, of construction, and of the way taxation affects the aforesaid procedures (Industrial Facility Construction - Function Allocation, Taxation).

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Vladislav Novoselov
Managing Partner
Tel.: + 7 (495) 649-8155
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