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Emil Lukaev

Attorney-at-Law

Practice Areas

Emil Lukaev counsels clients on corporate & commercial matters with a particular emphasis on, preparation of various commercial agreements and corporate governance documents, commercial negotiations, boards’ compositions and responsibilities, charter and by-law amendments, register filings, etc. His practice also focuses on high-profile domestic and cross-border mergers & acquisition and covers the regulatory aspects of such transactions.

Mr. Emil Lukaev has a degree from “King’s College” in the field of EU Competition Law and in 2016 joined the firm’s Antitrust & Competition Department. His practice also includes corporate financing transactions and negotiation of security packages, enforcement of creditor’s rights, while he is also frequently engaged in litigation matters in commercial, civil and administrative cases. As a member of the firm Mr. Lukaev possess experience in the field of Banking & Finance and provides consultations to both local and foreign banks and financial institutions.

Additionally, Mr. Lukaev provides consultations in the area of immigration law and policy and assist EU and non-EU individuals in obtaining residence permits and visas, including before the “Bulgarian Citizenship” Directorate for acquisition of BG citizenship by investment schemes.

Projects

Emil Lukaev’s experience as a team member of Penkov, Markov & Partners includes participation in the following significant projects:

Corporate & Commercial: advising EOS Matrix on the acquisition of loan portfolio from UniCredit Bulbank; advising EMCO OOD on the acquisition process of the military factory Dunarit AD through subscriptions of new shares and capital increase; advising Zlatna Panega Cement AD (part of Titan Cement Group) on the merger with its subsidiary Zlatna Panega Beton EOOD; corporate due diligence investigation of ProCredit Bank (Bulgaria) EAD upon the assignment of Procredit Holding AG & Co. KGAA for the purposes of listing the latter in the Frankfurt Stock Exchange

Mergers & Acquisitions: advising ČEZ, a.s. on the sale of TPP Varna EAD and the rest of its Bulgarian subsidiaries; advising Arkasil in identifying suitable land plot for the construction of manufacturing facilities for high-voltage accessories and conducting negotiations with the Industrial Logistics Park – Burgas AD; advising VABO Internal EAD in its bid for 100% acquisition of the share capital of commercial bank Viktoria EAD and the whole exposure of the sole owner of the capital Corporate Commercial Bank AD towards the bank; advising 4finance Holding S.A. in its bid for acquisition of leading consumer lending Bulgarian company along with its subsidiaries located in other EU/non-EU jurisdictions; advising Yioula Glassworks S.A. (now BA Glass Bulgaria AD) on the sale of its Bulgarian unit Drujba Glassworks AD to BA Vidro; advising G Star EOOD in connection with the acquisition of 49% of the share capital of Bulreal AD from IMMOEAST Projekt Cygnus Holding GmbH, thus gaining full control over Stock bazaar – Ilianci; advising 4finance Group on the cross-border acquisition of TBI Bank EAD along with the bank’s subsidiaries on the Romanian market; advising Vivacom regarding its bid for acquisition of Blizoo Media and Broadbend EAD; advising Obedinen Holding Doverie AD on the contemplated acquisition of Tokuda Bank EAD

Antitrust & Competition: advising ČEZ, a.s. and CEZ Bulgarian Investment B.V. on the merits of the Commission for Protection of Competition’s decision to block the acquisition of CEZ Bulgarian assets by Inercom group and drafting of the appeal against the said decision; advising Titan Cement S.A. in connection to the documents collected in the context of the simulation of a dawn raid by Commission for Protection of Competition in Titan Cement’s premises; advising Enikom-M OOD in а proceedings before the Commission for Protection of Competition in connection with a request for establishing an disloyal competitive behaviour committed by Mebeli Ludvig Bulgaria EOOD; advising Remedy Trading OOD in а proceedings before the Commission for Protection of Competition in connection with the company’s request for establishing abuse of stronger bargaining power committed by Amgen Bulgaria EOOD; advising Bulfeld EOOD on the merger clearance aspects regarding the sale of mall Paradise Center to the SPV NEPI Project Two EOOD

Banking & Finance: advising EBRD in connection with the recovery of amount of loan facilities disbursed to the Energy Efficiency and Savings Fund – EESF SPV AD; advising the Fund Manager of Financial Instruments in Bulgaria EAD on the implementation of financial instrument Mezzanine/Growth Fund; advising high-profile Russian businessman on the acquisition of 28% equity stakes of the authorized capital of the registered financial institution 4finance EOOD; advising Profi Credit Bulgaria EAD & Dairewa B.V. in the provision of secured non-syndicated loan facility to Profi Credit Bulgaria EAD and registration of pledge on receivables over 5,500 consumer credit agreements; provision of legal assistance to Solarex B.V. and Profi Credit Bulgaria EAD regarding the reorganization of the existing legal relations with respect to loan facility disbursed and restructuring of securities; advising Credit Suisse in the establishing and restructuring of certain securities

Litigation: representing and advising EMCO OOD in several commercial and administrative lawsuits instigated following the capital increase of Dunarit AD through the subscriptions of new shares; representing PAC Doverie AD before the Supreme Administrative Court in appeal against a regulation adopted by the Council of Ministers as result of some changes in the Social Insurance Code (the case was subsequently referred to the Constitutional court); representing PAC Doverie AD in more than twenty administrative lawsuits for appeal of penal decrees issued by the Financial Supervision Commission regarding alleged infringements of the Social Insurance Code

Insolvency & Restructuring: representing Banca Monte dei Paschi di Siena and Iccrea BancaImpresa in the Agromachina’s EOOD bankruptcy proceedings

Publications

·         Unified protection against anti-trust infringements, Capital Daily, 27 November 2017

·         The pension reform - clear path or blind alley, Capital Daily, 1 February 2017

·         Reforming or deforming of the pension model in Bulgaria, issue 10/2015, Lawyer’s review magazine, issue 10/2015, Lawyer’s review magazine

·         Traveling to and from job is part of the working time according to the new case law of the CJEU, Wirtschaftsblatt, issue 12/2015, (also published in Lawyer’s review magazine, issue 1/2016)

·         New business opportunities as a result of public-private partnership, Lega Interconsult News, issue 37-38, 2014