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Tatyana Goncharova

Managing partnerTatiana Goncharova

Specialization

  • Dispute resolution.

  • Due diligence.

  • Corporate Law, Mergers and Acquisitions.

  • Exchange law

  • Tax law

  • Industries: telecommunications, hydraulic excavation, small aircrafts

Career path

Professional legal activity since 1994.

Beginning of a legal career: corporate lawyer, and, later, the head of legal departments of major telecommunications companies of Siberia, in particular, Joint-Stock Company Elektrosvyaz of the Nobosibirsk region (currently Macro-Regional Branch Sibir of the Joint-Stock Company Rostelekom), Closed Joint-Stock Company Novosibirskaya sotovaya svyaz-450 (mobile provider Sotel), Joint-Stock Company Tsifrovaya set i telekommunikatsionnye sistemy Novosibirskoi oblasti, Closed Joint-Stock Company Kompleksnye telekommunikatsionnye sistemy.

From 2003 to 2012: partner and director of the Law Firm Land, Novosibirsk, acknowledged leader of the legal market in Siberia at that time (according to ratings).

Since 2012: created her own Law Firm LexProf with a focus on major projects not only in the region, but on a federal scale.

On 09.11.2017 Tatyana Goncharova was awarded the honorary title of Honored Lawyer of the Novosibirsk Region by the decree of the Governor of the Novosibirsk Region for her services in strengthening the rule of law, protecting the rights and legitimate interests of citizens, and improving the legal culture of the society.

In 2018, managing partner Tatyana Goncharova once again confirmed the highest personal rating (band I) assigned to her earlier by the experts of the international rating of Chambers & Partners law firms in the field of general business law services General Business Law - Russia Regions - Tatiana Goncharova.

Clients point out that Tatiana is among the best regional litigators and note a special talent in developing strategies and tactics of protection.

Reference projects

  • A joint project of administration of the Novosibirsk region, AG Siemens and JSC Elektrosvyaz NSO to promote competition in the field of communications.

   M&A transactions.

  • conducting Vendor Due Diligence in preparation for sale of a share in a major retailer company to an investor.

  • legal support of the acquisition transaction by the telecommunications holding of the group of companies, conducting Acquisition Due Diligence of the acquired asset, developing the structure of the transaction, its support until the closing.

  • conducting Due Diligence of a large holding company in order to determine the risks of asset ownership (trade area).

  • participation in development of the legal framework for creation of a medical technology park.

  • legal Vendor Due Diligence of a large agricultural holding company in preparation for a transaction with an engaged investor.

  • legal Acquisition Due Diligence of a holding company which includes production, logistics, and sales facilities.

  • Legal Acquisition Due Diligence of a group of companies in order to acquire a large real estate unit (shopping center).

  • legal Due Diligence of a construction holding company in order to determine the risks of ownership.

 

   The most successful projects in various branches of law:

Antitrust legislation – Tatyana Goncharova developed and implemented a strategy to protect the rights of a telecommunications company in terms of free tariff setting by excluding it from the register of natural monopolies. According to the application of T. Goncharova, supported by the Ministry of Communications of the Russian Federation, the paragraph of the legal regulation of the Ministry of Antitrust Policy and Business Support of the Russian Federation (subparagraph "e" of paragraph 1. of Order of the Ministry of Antitrust Policy No. 761 of 13.10.2000) was canceled. Following the cancellation of this rule, the Ministry of Antitrust Policy of Russia excluded JSC TSiTKSN from the Register of Natural Monopolies in the field of communications (excluded the only company in all of Russia - case No. A40-37000/01-84-233, representation in court was carried out by T. Goncharova.

Customs law – T. Goncharova represented a company with foreign capital in a dispute with the customs authority on bringing the Company to reponsibility for violating the rules for export of temporarily imported goods (equipment imported to Russia in accordance with the investment conditions when privatizing shares). The fine was $800,000. The development of a legal position, taking into account the correct choice of judicial tactics, made it possible to achieve a decision on release of the Company from administrative penalty.

Law of exchange – the first meeting of the Supreme Commercial Court of the Russian Federation held under the chairmanship of A. Ivanov on the application submitted by T. Goncharova (at that time –T. Shilina). The judicial acts of three instances were canceled, the case was sent for a new trial and the final judicial act was made in favor of the principal Goncharova. Thus, an illegal court decision was overruled. According to this decision, a large transaction of the company on acquisition of promissory notes previously issued by the company from 3 different legal entities on the open market was declared invalid. The main violation was highlighted in the supervisory appeal - the court simply added up 3 transactions with different persons and considered it as a major transaction, based on the sum of all transactions.

Currency control – As part of protection of the rights of a company with foreign participation a precedent decision on the termination of enforcement proceedings initiated on the basis of an order of the currency control authority which collected a fine in the full amount of the loan received by the company from its non-resident participant was made on the claim of T. Goncharova, and it was not overturned in all higher instances. This was the first decision in the Siberian region that overcame the ambiguity of the law on currency regulation, which allowed to recover amounts that were not returned abroad from the companies in all cases. Loans of non-resident participants were excluded from this general provision by judicial practice.

Languages

Tatyana speaks Russian, English, Ukrainian, and Italian