Types of investment projects and requirements to their development


The investment project is the main document that determines whether investment capital is appropriate or not. In it the project is outlined consistently and step-by-step with its peculiarities, and also the financial data is presented related to its realization.

Classification of projects

According to the investment goals:

  • projects with the purpose of increasing the volume of production;
  • projects aimed at updating or expanding the product range;
  • projects aimed at improving the quality of products produced / provided services;
  • projects aimed at reducing the cost of production produced / delivered services;
  • projects created to solve organizational, social, ecological and other problems.

According to the level of autonomy of implementation:

  • investment projects, which depend on performance of other tasks of the enterprise (company) or projects.
  • investment projects, which do not depend on performance of other tasks of the enterprise (company) or projects.

According to the terms of realization:

  • short-term projects, with a period of execution being less than one year;
  • medium-term projects, with a variable period of fulfillment between one and three years;
  • long-term projects, with a period of implementation in more than three years.

According to investment resources:

  1. small investment projects (up to 100 thousand usd.);
  2. average investment projects (within the limits of 100 thousand – 1 million usd.);
  3. large investment projects (more than 1 million usd.).

According to the optimal financing scheme:

  • investment projects provided with the help of internal finance;
  • investment projects provided by means of a shareholder (initial or additional issue of shares);
  • investment facilities provided by credit finance;
  • investment projects, which include all or part of the financing methods above (mixed form of financing).

Variety of investment projects

Business has to deal with a rather large number of investment projects, depending on their characteristics and peculiarities. Significant differences are caused by the sphere (branch) of realization, production and resource scale, volume of financial resources, period of execution, etc. However, regardless of this, in the investment project there must be specified and conveyed the following four obligatory points:

  1. the settlement period (the term of realization of the project) – that is, the time during which the actions for fulfillment of the project are implemented;
  2. amount of expenses (net investment);
  3. estimated profit and benefits (net cash proceeds from the project’s execution);
  4. the liquidation cost (i.e. any release of finance at the end of the economic “life” of investments).

If you correctly analyze the interdependence of these four indicators, you can determine whether it is necessary to start realization of this project at all.

The initial stage of the analysis involves calculation of the time or period of the realization of the project.

It is necessary to proceed from the fact that investing in any project should be perceived as the unity of processes of investing resources and future income. These processes usually take place in different chronological frames (sequences).

Investment into real assets is usually observed an interval of investment processes.

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Consistent and parallel flow of financial investment and income-earning processes can occur mainly when investing in financial assets. Also can occur at investment in technical re-equipment, reconstruction and scaling of already working enterprises. Undoubtedly, the turnover of investment resources, the possibility of quick management of working capital, liquidity of assets and the expediency of investment activity in general depends on the time sequence of capital investments and the profit gain.

The second stage of analysis of the investment project – determination of net investments – usually has two sides:

  1. the aggregate amount of the original cost based on the calculation;
  2. the value of any assets that are being released.

Their release is dictated by the decision to invest. In this issue, it is necessary to make an amendment to any changes in the amount of taxes paid. They, in turn, arise from the reporting of loss or profit from the sale of existing assets.

The third stage of analysis of the investment project is determination of net cash flow from investment. The net cash flow of the project is the dependence on the time of receipt of money and payments directed to the fulfillment of the project, and it is determined for the whole settlement period.

The fourth stage of analysis of the investment project is determination of liquidation value. Large-scale projects require significant capital investments. And only then will these expenses ensure the return of at least a part of these funds.

Determining the liquidation cost of the project allows the funds to be accounted for, that can be obtained from sale of the remaining equipment, as well as from the release of working capital, which is relevant to the project.

Structure of the business plan of the investment project

The business plan provides a full feature of the possibility of realization of the project. There is no hard-established form of business plan, but the document should specify:

  1. the economic essence of the project;
  2. resource (e.g. optimal staff), technical (material), technological and financial support;
  3. marketing activities;
  4. the level of reliability of the project and the action (measures) to improve it;
  5. providing financing.

The business plan thus has:

  1. to orient the managers of the whole vertical in the stages and forms of realization of the project;
  2. interested in participation in the project of counteragents from outside.

Methodological recommendations for the development of investment projects provided in the above-mentioned classification are distributed depending on their types.

Small investment projects, which the company can provide for financially at the expense of its own sources, can be justified by a short list of sections and indicators. For such a report (analysis) the following is enough: purpose of the project, its basic characteristics, necessary financial funds, efficiency indicators from the invested finances, as well as the algorithm (calendar plan) of performance.

If the financing of investment projects involves external sources, i.e. medium and large projects, then full analysis is carried out and full substantiation is made in accordance with national and international requirements. Such substantiation of projects is dictated by the logical structure, which has a standardized character in the countries with developed market economy. The difference from this “classic” structure depends only on the forms of real investments and branch peculiarities of the functioning of projects.

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Surname: Siutkin

Email: siutkin@sp.agency

Phone: +380443830000

Company address: 10 Redutnaya Street, Kyiv, Ukraine


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Need for audit risk assessment: how to conduct it


Some internal audit services face a number of challenges when conducting audits. Mainly, it is a lack of time and limited resources. It is therefore difficult to cover all important areas of auditable business processes in a short period of time without losing quality and maximizing audit benefits.

Many business processes that are being subjected to audit are cross functional when they involve multiple business units. Thus, a more detailed analysis of each unit (or sub-process) requires additional resources.

In order to successfully start an audit, it is advisable for the internal auditor to focus not on a consistent assessment of the performance of individual subdivisions (or sub-processes) but on the identification of the risks inherent in the process that is subjected to an audit as a whole. After such a definition of risks it is necessary to assess them and identify the most serious risks, that is, which can significantly affect the business. The identification of the most important risks and spheres can be based on the results of audits conducted in the past years, observations of the internal audit service, risk management data, additional data from audit subjects, etc.

Risk assessment also promotes transparent communication and effective dialogue with internal audit clients (CEOs, managers, board directors, shareholders, and auditees) to address issues such as: «Where’s the risk?» «Where is the priority?», «What should we pay attention to first?» or even the reports stating that there is no risk in sight.

The risk analysis is based on the standards of the Institute of Internal Auditors (IIA) provides for risk analysis. This analysis is one of the methods using a risk-based approach.

The following is a list of manuals and standards that describe the risk assessment methodology:

Standards and guidelines:

International Standards for the Professional Practice of Internal Auditing:

2100 – The essence of the work of the internal audit. Internal audit is an evaluation exercise and should contribute to the improvement of corporate management, risk management and control processes in the organization using a consistent and systematic risk-based approach.

2210 – Objectives of the audit assignment. The objectives should be defined for each audit procedure.

2210.A1 – The internal auditor must make a preliminary assessment of the risks that are being subjected to audit. The objectives of the audit task should not conflict with the results of its evaluation.

Additional guidance from the Institute of Internal Auditors:

«Audit task planning: Definition of objectives and scope» (August 2017; «Engagement Planning: Establishing Objectives and Scope»).

During the planning stage, the creation of an audit algorithm and risk assessment, it is very important to communicate the information correctly to the auditors. It should be clear, systematized, unambiguous and understandable to both the manager of the internal audit and the internal clients. Such practical tool used to systematize the necessary data is, for example, the risk and control matrix. Such a matrix could be conducted throughout each audit and be an important addition to the audit report.

The matrix consists of three main blocks, which are filled in the following sequence:

  1. Probable risk. The auditor compiles a list of risks inherent to the business process as a whole and assigns them in order of priority (significance and impact on the business).
  2. Control Procedures. During the audit process, it is determined which manual and automated control procedures (reports, regulations, inventories, reconciliations, distribution of authority, «second set of eyes» etc.) are performed by departments to reduce the chance of risk emergence. Design and performance control data and its execution is being evaluated.
  3. Residual risk. Based on the results of testing of the effectiveness of control procedures during the final part of the audit, a quantitative (or qualitative) assessment of the value of residual risk is carried out based on the assessment of «probability – impact».

Based on the experience of practising auditors, it can be concluded that the risk and control procedures matrix is a fairly practical tool for both internal auditors and internal clients. The matrix helps the auditor to make recommendations to improve ineffective controls or to address the causes of weaknesses identified during the audit, while keeping risk considerations in mind.

The matrix is discussed during the transfer of audit results to business process owners and other internal clients, as the assessment of the internal control system of the process subjected to audit directly depends on the number of residual risks and their significance. Thanks to the matrix, the internal client can see the «whole set» of all the risks and control of their process on virtually one sheet, and then discuss with the auditor the amount of residual risk, missing and excessive controls, as well as control procedures, that require improvement. Then, form an effective algorithm of measures to eliminate the revealed shortcomings.

In addition, open and transparent communication with internal clients («being on the same page») is the key to increase the value of internal audit and success in general.

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This approach also contributes to raising the level of risk-culture of the company.

Some internal audit services face a number of challenges when conducting audits. Mainly, it is a lack of time and limited resources. It is therefore difficult to cover all important areas of auditable business processes in a short period of time without losing quality and maximizing audit benefits.

Many business processes that are being subjected to audit are cross functional when they involve multiple business units. Thus, a more detailed analysis of each unit (or sub-process) requires additional resources.

In order to successfully start an audit, it is advisable for the internal auditor to focus not on a consistent assessment of the performance of individual subdivisions (or sub-processes) but on the identification of the risks inherent in the process that is subjected to an audit as a whole. After such a definition of risks it is necessary to assess them and identify the most serious risks, that is, which can significantly affect the business. The identification of the most important risks and spheres can be based on the results of audits conducted in the past years, observations of the internal audit service, risk management data, additional data from audit subjects, etc.

Risk assessment also promotes transparent communication and effective dialogue with internal audit clients (CEOs, managers, board directors, shareholders, and auditees) to address issues such as: «Where’s the risk?» «Where is the priority?», «What should we pay attention to first?» or even the reports stating that there is no risk in sight.

The risk analysis is based on the standards of the Institute of Internal Auditors (IIA) provides for risk analysis. This analysis is one of the methods using a risk-based approach.

The following is a list of manuals and standards that describe the risk assessment methodology:

Standards and guidelines:

International Standards for the Professional Practice of Internal Auditing:

2100 – The essence of the work of the internal audit. Internal audit is an evaluation exercise and should contribute to the improvement of corporate management, risk management and control processes in the organization using a consistent and systematic risk-based approach.

2210 – Objectives of the audit assignment. The objectives should be defined for each audit procedure.

2210.A1 – The internal auditor must make a preliminary assessment of the risks that are being subjected to audit. The objectives of the audit task should not conflict with the results of its evaluation.

Additional guidance from the Institute of Internal Auditors:

«Audit task planning: Definition of objectives and scope» (August 2017; «Engagement Planning: Establishing Objectives and Scope»).

During the planning stage, the creation of an audit algorithm and risk assessment, it is very important to communicate the information correctly to the auditors. It should be clear, systematized, unambiguous and understandable to both the manager of the internal audit and the internal clients. Such practical tool used to systematize the necessary data is, for example, the risk and control matrix. Such a matrix could be conducted throughout each audit and be an important addition to the audit report.

The matrix consists of three main blocks, which are filled in the following sequence:

  1. Probable risk. The auditor compiles a list of risks inherent to the business process as a whole and assigns them in order of priority (significance and impact on the business).
  2. Control Procedures. During the audit process, it is determined which manual and automated control procedures (reports, regulations, inventories, reconciliations, distribution of authority, «second set of eyes» etc.) are performed by departments to reduce the chance of risk emergence. Design and performance control data and its execution is being evaluated.
  3. Residual risk. Based on the results of testing of the effectiveness of control procedures during the final part of the audit, a quantitative (or qualitative) assessment of the value of residual risk is carried out based on the assessment of «probability – impact».

Based on the experience of practising auditors, it can be concluded that the risk and control procedures matrix is a fairly practical tool for both internal auditors and internal clients. The matrix helps the auditor to make recommendations to improve ineffective controls or to address the causes of weaknesses identified during the audit, while keeping risk considerations in mind.

The matrix is discussed during the transfer of audit results to business process owners and other internal clients, as the assessment of the internal control system of the process subjected to audit directly depends on the number of residual risks and their significance. Thanks to the matrix, the internal client can see the «whole set» of all the risks and control of their process on virtually one sheet, and then discuss with the auditor the amount of residual risk, missing and excessive controls, as well as control procedures, that require improvement. Then, form an effective algorithm of measures to eliminate the revealed shortcomings.

In addition, open and transparent communication with internal clients («being on the same page») is the key to increase the value of internal audit and success in general. This approach also contributes to raising the level of risk-culture of the company.

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How to properly form an investment agreement


Before the transaction is actually concluded, you need to sign an investment agreement. In it are all the fundamental agreements of all parties of the transaction, that are: the investor, the contractor, and the customer. Such a document, which describes the mechanisms for investing in business, primarily includes the details of the funding process, the obligations, and rights of all parties of the contract, the features of the management system and ways to resolve alleged conflicts. That is, such a document is essentially a step-by-step instruction, an algorithm of execution of all stages of the project, which should be adhered to by all parties to the contract. In addition, the investment process must be accompanied by an additional package of documents, including: the charter, loan agreements, the necessary licensing permits, etc.

Properly executed investment contract, the sample of which is specified in article 9 of the Law of Ukraine «On investment activity», is itself the legal agreement between the investor and the customer. It is considered the main document, because the investment code, which would define the economic, organizational, and legal basis of investment activity in Ukraine, does not yet exist. Also, if the need arises, one can use the decision of the Cabinet of Ministers of Ukraine 112 «On approval of the Regulation on the procedure of state registration of contracts on joint investment activity with the participation of a foreign investor». It is important to note that such an investment document should be drafted by a lawyer who practices and knows its main features.

 

The main concepts from investment field

The customer is the head (or owner) of the company. He is responsible for the financing provided by the investor, as well as for the fulfillment of all obligations specified in the investment agreement.

An investor is an individual or a legal person who invests personal money into the necessary financial instruments. The purpose of such an investment is to obtain income. Certain funds may also be investors.

The expert review of a project for investment is designed to determine its effectiveness and perceived risk. Different mathematical models are used in this examination. They allow one to determine the optimal amount of investment, payback period of the investment project, its profitability (also profitability index) and other financial and production components.

What’s important

A memorandum (special agreement) of intent, which concludes by the future parties to the project, is preceding the signing of the investment treaty. In essence, it is a text of oral agreements reached and accepted by all sides. This document is signed even before the establishment of a legal entity or the start of the investment project. Among other things, the memorandum specifies who the project participants are, their obligations and possible penalties (fines). As a rule, however, the memorandum has no legal force in the event of litigation.

The drawing up of an investment treaty requires substantial participation of all its subjects. It is advisable that everyone involves their lawyer to protect their interests.

The main terms of the investment contract

The contract must specify:

  • Its subject;
  • Objectives of the partnership;
  • Who and to what extent manages the company and makes decisions;
  • Amount and income interim period;
  • Purpose and conditions of acceptance of new partners;
  • Conditions of entry of other investors;
  • Withdrawal terms.

The investment contract often comes with two more binding documents – the charter and employment contracts.

The charter, or corporate agreement, governs the relations between the parties and also defines four main mechanisms for the implementation of the project:

  • Decision-making mechanisms on increasing the authorized capital. After all, in case the customer unilaterally increases the authorized capital, the investor faces the loss of virtually all dividends;
  • Decision-making conditions for substantial operations. It is assumed that these are amounts from half of the value of the company or the amount of its authorized capital. The size of such sums is recorded;
  • Allocation of dividends between investors: how much, when and how often they receive dividends;
  • Appointment of a Director General and a Chief Accountant (such may be the Chief Financial Officer). An algorithm and procedures are prescribed, who elects the executives, what percentage of votes is needed, how often, etc.
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Employment contracts form the legal basis for the company’s activities. We advise for a contract of employment without a term and with maximum flexibility. A document is required, in which it will be prohibited to dismiss employees unilaterally (one partner). At the same time, it leave one the right to withdraw quickly from the agreement while preserving their interests.

What does the investor receive?

The investor receives primarily direct income in the form of fixed or one-time financial payments. He is also entitled to a share in the company with or without decision-making power. There are investment projects that allow the investor to make a profit in a short time after investing every month, quarter, or year. There are also projects that are planned to have a yield in years or even decades later.

There are cases when an extremely valuable employee can become a co-owner of the of the company shares. In this case, this person (as a natural person) is introduced as part of the co-founders of the company. There is also a practice of when a bonus is fixed in his employment contract, that is corresponding to the financial indicators of the company.

Forms of investment agreements

There are different types of investment agreements. Usually the following forms are practiced:

  • The investor enters the authorized capital, buying shares in the authorized capital or shares. For example, the investor invests in such capital 100 conventional units and as a result gets a share of 10%. This method of investment is quite popular in Ukraine. It is optimal due to the fact that it does not entail additional tax obligations, at the same time guarantees transparent relations between signatories and allows the investor to receive a legitimate profit.
  • In Ukraine, among the practical mechanisms of investment registration, a loan agreement is quite frequently used to form relations. The document fully meets the legal environment of the country and gives the opportunity to legally receive income (as interest) from investment in start-ups. But there is one drawback – the volume of investment income from investment in startups in the first stage is limited by the volume of interest. And if the start-up becomes financially profitable in the future, the investor will not be able to increase his profit from ownership of a share in the project.
  • Another type of an investment agreement: joint activities. The investor transfers the funds in such activities as an investment and the company provides its employees for the implementation of the project. As a result, all parties will get their share in the joint activities: this could be in the percentage of 20 to 80. This type of relationship is rarely used in Ukraine due to a number of shortcomings. In particular, the form of the relationship involves registration, labor-intensive taxation, and a need to share both the profits from the company’s activities, and its property (tangible values), and even all intellectual property rights in the future.

As you can see, attracting external start-up capital and organizing an effective business are quite hard tasks, and not everyone has enough intellectual and organizational skills to do so. Getting the investor interested is just the beginning. The most important stage of business organization is to effectively interact to maximize profits and at the same time have little problems. Thus, an investor needs to, before risking his own money, to thoroughly study the project and its conditions. In case the project is chosen, monitor the implementation of the project. At the same time, protect yourself as much as possible by writing up unambiguous mechanisms for making profits.

All of the above is of utmost importance for those who want to conclude an investment agreement and invest their money in a new business.

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The bankruptcy of legal entities: cost


Bankruptcy is called the inability of a company to conduct business because of a lack of funds, through which there is a problem with the inability to settle the debt of the company.

A set of laws and several regulatory and legal acts of Ukraine defines and strictly controls the procedure of bankruptcy of legal entities. Refraining such an order is mandatory for all parties to the proceedings.

The bankruptcy of the enterprise is aimed not only at liquidation of the business, but also at financial rehabilitation of the enterprise. The latter implies a full financial renewal of the company and further development in the future.

Only highly qualified specialists will help you in difficult tasks, as bankruptcy for a particular type of enterprise. The bankruptcy procedure is carried out according to all legal requirements.

The bankruptcy procedure is possible for such types of enterprises:

  • for businesses with high debt to partners;
  • for creditors who have the objective of recovering their debt from an insolvent enterprise.

For a legal entity, bankruptcy has some pros and cons. The recognition of the insolvency of an enterprise results in a number of advantages: 

  • there is a chance to preserve the property of the enterprise from alienation;
  • no opportunity for the seizure of assets or funds;
  • the company develops for itself a productive plan to return to solvency and fulfillment of obligations to creditors;
  • business is protected from having means of withdrawal, which are not taken into account by law;
  • the company/enterprise will be able to resume operations as a legal entity;
  • it is possible under the law to write off the debt, including, if the enterprise has lack of money to repay it;
  • if there is evidence of innocence, the owners and managers of the enterprise can avoid administrative and criminal liability.

Among the disadvantages of the bankruptcy procedure for a legal entity:

  • the bankruptcy process is quite long, sometimes this process can take a couple of years;
  • the bankrupt enterprise is obliged to pay all costs related to the court;
  • in the bankruptcy of an individual enterprise, the disadvantages of bankruptcy can be attributed to the fact that from the moment of recognition of insolvency, the company and its management will be given increased attention;
  • all licenses that the entrepreneur has previously received will be revoked, and their retrieval will be a rather difficult process;
  • due to the revocation of licenses, the IP will no longer be able to carry out the activities it has previously introduced.

In which cases bankruptcy lawyer’s services are required

  • the bankruptcy process is very difficult and requires specialized knowledge, as it contains legal norms;
  • In more than 15 years of work in the market of Ukraine, our lawyers gained enormous experience, that allows to carry out the procedure with high-quality and speed;
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  • a professional team of lawyers will be able to help to mitigate all issues, minimize the risk and conduct the procedure according to the law.

Features of juridical support of the bankruptcy process of the enterprise

The collaboration starts with an interim assessment of the situation, an analysis of the volume of work and its actual achievements. Our specialists conduct an analysis on:

  • Accounting department. The data is taken for the last three years of the operations of the enterprise. The obtained data forms conclusions about the causes of bankruptcy – intentional, fictitious or real;
  • The prospects of the lender. The task for specialists – to find creditors who will be inclined to peaceful settlement;
  • The options of legal methods to avoid liability from the customer;
  • The potential informativeness of previously lost documentation;
  • Disclosure of information about the debtor. Having full information will add a greater percentage of success.

At the end of the stage above, experts provide a report with the most advantageous strategy. It lists future risks and options for overcoming them, provides a preliminary cost and time frame for the procedure.

Cost of procedure through bankruptcy proceedings

The cost depends on many criteria:

  • the region where the enterprise is located;
  • company’s turnover;
  • the number of employees in state;
  • features of accounting;
  • many other factors.

The price of the package of services includes:

  • risk assessment for the enterprise;
  • correspondent services
  • complex support of business bankruptcy and a specially developed proposal: audit of interim liquidation balance, audit report.Guarantees from S&P Investment Risk Management Agency:
  • Agency professionalism. We have successfully completed many bankruptcies of enterprises;
  • The whole process is carried out strictly within the limits of the law;
  • Confidentiality;
  • Going through the bankruptcy procedure in the available short terms;
  • We are reliable partners for your business. We have special permits and knowledge.

Before you start bankruptcy proceedings, you should do everything possible to pay off debts. A default declaration is permissible only if there are no other possible steps.

Legal support the S&P Investment Risk Management Agencyprovides on the bankruptcy of an enterprise is the key to success in the development of a new stage of your business.

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Two S&P Investment Risk Management Agency Lawyers Named to 2022 The Best Lawyers in Ukraine™


Kyiv, Ukraine, 12 November, 2021 – S&P Investment Risk Management Agency is pleased to announce that two lawyers have been included in the 2022 Edition of The Best Lawyers in Ukraine. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence.

Best Lawyers has published their list for four decades, earning the respect of the profession, the media and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries.

“Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. After four decades, we are proud to continue to serve as the most reliable, unbiased source of legal referrals worldwide,” says CEO Phillip Greer.

Lawyers on The Best Lawyers in Ukraine list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.

S&P Investment Risk Management Agency would like to congratulate the following lawyers named to 2022 The Best Lawyers in Ukraine list:

  • Nataliia Osadcha – Investment
  • Mykola Siutkin – Litigation, Mergers and Acquisitions Law, and Real Estate Law

Natalia Osadcha is Co-Founder and Partner of S&P Investment Risk Management Agency.

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For over 20 years, Nataliia has been working in the field of law, risk management, investment, conflict resolution and government relation. She is an author of numerous research and articles on business protection and a creator of numerous investment strategies for a big international corporation in Ukraine.

Mykola Siutkin is Co-Founder and CEO of S&P Investment Risk Management Agency. He has been defending the interests of business in Ukraine in the field of law, business advising, risk management, business conflicts resolution and minimization for more than 18 years. He is also the founder and owner of the LDaily media platform.

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About S&P Investment Risk Management Agency

For the past 15 years, S&P Investment Risk Management Agency is a leading consulting company in Ukraine, which serves the largest foreign players, not only at the stage of entering Ukraine, but also in the process of implementing investment projects and support of everyday business activity. The agency has helped companies to develop unique investment solutions and strategies and to enter and operate in the Ukrainian market transparently and securely. S&P Investment Risk Management Agency assists large foreign companies in developing their business models and processes in Ukraine, in strict accordance with the high international requirements and standards for transparent business operations.S&P Investment Risk Management Agency main services include legal, risk management, financial audit and government relation.

 

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