Firm / Organisation

MahoneyLiotta

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This content is provided by MahoneyLiotta.

Partners: Daniel Mahoney, James Liotta, Narantuya Gundegmaa, Enkhtur Demberelsuren
Total number of staff: 15
Languages: English, Mongolian, Russian, Japanese, Polish, Spanish

Firm Overview:
MahoneyLiotta is an amalgamation of some of the most experienced legal service providers and specialists from Mongolia and abroad that Mongolia has to offer. Established in 1997, MahoneyLiotta and its attorneys provide reliable, experienced and ethical advice to their diverse and select client base and are well positioned with the onset of rapid growth in Mongolia’s emerging market. The firm is committed to client service and understands that many clients may not fully understand the complexities and difficulties unique to the development of Mongolia. The firm’s attorneys have advised on major projects in the minerals, corporate, financing, banking, securities, concessions, aviation, real estate and other rapidly developing sectors in Mongolia.

Main Areas of Practice:

Corporate:

Corporate formation and advice to some of Mongolia’s most well known corporations:
■ Representation of leading Mongolian beverages company (APU JSC) in connection with its merger with Heinken Asia Pacific Holdings in Mongolia
■ Big 4 audit, luxury brands, minerals exploration and mining, service industry, supply companies
■ Joint venture and strategic alliance advisor in Mongolia to some of the most well known global corporations – Big 4 Audit, banking and finance, international organisations

Banking & Finance/Inbound Investment/ Secured Lending:
■ Representation of secured lenders in connection with reorganisation out of bankruptcy and restructuring of the finances of Mongolian Mining Corporation (Mongolian operating company Energy Resources LLC)
■ Advisor in connection with multi-billion US$ project finance from a consortium of international lenders – representation of Oyu Tolgoi LLC
■ Advisor in offshore pre-IPO financing of Mongolian projects – representation of investors and Mongolian companies
■ Advisor in connection with various other secured and unsecured financings extended to a number of Mongolian borrowers – representation typically of the lender with some borrower representations

Capital Markets & Securities/Debt Offerings, Including Convertible Bonds:
■ Advisor on financial instruments including derivatives – representation of Bulge Bracket Investment Banks
■ Advisor in respect of IPO financings on various international exchanges including LSE, SEHK, ASX, SGX and TSX – representation of issuers and underwriters
■ Advisor in respect of listed debt transactions including MTN programmes on the SGX – representation of both issuers and underwriters
■ Advisor in connection with the issuance of a RMB 1 billion in Notes under Singapore listed USD 5 billion Global Medium Term Notes Program - Government of Mongolia

Taxation – including structuring:

■ Advisor in connection with Mongolian tax compliance issues and tax litigation matters - multiple representation
■ Advisor in connection with the offshore structuring of investment into Mongolia from a Mongolian tax perspective – multiple representation

Energy & Resources:
■ Advisor to Mongolia’s leading petroleum exploration, import, wholesale, transport, storage, and supply companies – representation of Mongolian National and wholly foreign owned companies
■ Advisor to Mongolia’s leading minerals prospecting, exploration, mining, concentration, processing and sales companies – multiple representation
■ Representation of multiple lending consortiums on Tsetsii and Sainshand wind farm projects through financial close

Concessions/Public Private Partnerships/ Infrastructure:
■ Advisor on the first major concessions project in Mongolia – 450 MW Combined Coal Heat and Power Plant Number 5 Project
■ Advisor on significant rail project for minerals transportation and export – 270 km Southbound Rail Project
■ Advisor on leading Coal-fired Power Generation Complex project –250 MW Mine Mouth Thermal Power Plant Project.
■ Advisor on multiple road projects for commodities transportation and import/export, as well as general road infrastructure – Private and Millennium Challenge Compact (MCC) sponsored projects

Aviation:
■ Mongolian contributor to the Aviation Working Group ■■Representation of multiple offshore aircraft leasing companies and sovereign export credit agencies in connection with the leasing of aircraft to various Mongolian operators
■ Representation of a Mongolian operator in connection with financing issues

Due Diligence & Legal Compliance:
Each year MahoneyLiotta conducts due diligence investigations on legal entities, land, immovable property, minerals and other licenses and permits, Government projects and other assets, and renders legal opinions. The transactions typically range between US$ 30,000 – 4 billion.

Litigation & Arbitration
■ Representation of major lender in connection with a US$44 million suit filed in Mongolian court for collection of receivables from Ulaanbaatar Railway (Mongolian state-owned entity)
■ Representation of Standard Bank in connection with LCIA arbitration case (resulted to date in preliminary partial award of US$51 million + costs against Erdenet Mining Corporation)

Real Estate:
Advisor to on-shore and off-shore developers and purchasers of commercial and residential real estate - multiple representation

Labour, Employment, Trade Unions, Health & Safety:
Advisor to leading foreign invested legal entities operating in Mongolia on visas and work permits, labour agreements, and compliance with the labour and health and safety requirements under Mongolian law – multiple representation