TEAM

Kurmangazy Talzhanov is the Managing Partner of Kazakhstani Office. He is the head of natural resources, corporate law/M&A, banking and finance law practices. Mr. Talzhanov has extensive expertise in such sectors of economy as fuel and energy, mining industry, real estate and construction. He is a recognized expert in the area of disputes resolution and is listed among recommended arbitrators of Kazakhstani International Arbitration. Kurmangazy Talzhanov specializes in representing clients’ interests in arbitration courts and courts of general jurisdiction.

Kurmangazy Talzhanov provides legal support for the projects related to the natural resources, M&A, banking and finance law, including project finance and representing clients’ interests in state authorities of the Republic of Kazakhstan.

Kurmangazy Talzhanov is also involved in research work. He got PhD in civil law and private international law. In his publications Mr. Talzhanov focuses on legal regulation of international private law relations, including international trade, with the emphasis being made on studying the sources of international legal regulation of property relations.

Mr. Talzhanov provided legal support to a number of major companies, among which are: Rolls Royce (Kazakhstan), ENI, Altynor Mining, B&W Fluids Dynamics, Barrick Gold, UrAsia, AGIP KCO, Hansa Resources, Danone, Effective Energy, Levaev Group, Eco Energo Gas, HSBC (Kazakhstan), Scandic Optical Limited, KazAtomProm, Alfa-Bank, Astana-Finance Bank, Saipem S.p.A. (Kazakhstan Branch).

Representative Legal Matters

  • Consulting the world’s leading diversified manufacturer of motion and control technologies and systems related to the labor law issues and Local Distributorship Agreement entered into with the local Kazakhstani citizen;
  • Representation the large oil trader of Kazakhstan in major dispute vs. Customs Committee of Government of the Republic of Kazakhstan due to the illegal detention of the oil tank wagons;
  • Representation of interests of a leading Travel Commerce Platform in the (non-judicial) dispute and amicable negotiations with local Kazakhstani Company under alleged distributorship contract law issues;
  • Consulting a one of the largest Kazakhstani banks in cooperation with the Baker & McKenzie Law Firm in relation to the UAE banking and contract law in credit financing;
  • Consulting a major specialized financial company in cooperation with the US Law firm Barton related to the requirements and limitations contained in the publicly available corporate documentation of BAC, and relevant legislation including US Securities laws and Delaware corporate law, to evaluate whether any such documents or laws effectively prohibit the unsponsored listing of common shares of BAC on the KASE;
  • Representation of interests of a leading provider of technical recruitment services to the Oil & Gas, Automotive and Power & Energy sectors in the (non-judicial) dispute and amicable negotiations with former Country Manager related to labor law issues;
  • Representation of interests of Kazakh Investment Company in acquiring of one of the biggest confectionery plant in Kazakhstan owned by British company;
  • Advising a major manufacturer of luxury automobiles on various labour, work permit and visa issues related to its employees in Kazakhstan;
  • Advising the International Air Transport Association regarding various commercial and corporate matters related to the activity in Kazakhstan;
  • Representation of interests of the large oil trader of Kazakhstan in a dispute with the customs authorities of the Republic of Kazakhstan regarding unlawful detention of a large consignment of tank cars with fuel lubricating oil, which followed from Russia to Kyrgyzstan;
  • Representation of the worldwide leader in networking with London Office of Eversheds Law Firm the negotiations with local Kazakhstani Development Company under Long Term Lease Agreement;
  • Representation of a leading provider of storage and information management company in the due diligence process related to the acquisition of the local Kazakhstani Company under M&A deal;
  • Carrying out a full legal support and representation of interests of Singapore company during entering and execution of the project on development of gold fields Shokpar and Gagarinskoye in Zhambyl region of the Republic of Kazakhstan jointly with JSC "National Mining Company "Tau-Ken Samruk";
  • Preparation of the legal opinion on absence of necessity to obtain authorization for economic concentration in the course of the transaction of sale of a participation share in a major Kazakh oil producing company;
  • Legal support of a number of transactions in the course of corporate restructuring of a major company engaged in asbestos mining and processing, including resolution of the issues concerning economic concentration;
  • Drafting a consortium agreement between major developer companies for a joint implementation of the construction project: a multifunctional office and residential compound in Almaty, estimated cost: 250,000,000 US dollars;
  • Legal review of the contract regulating drilling of wells and representation of a major oil & gas company in negotiations with a major Danish oil & gas company concerning execution of a contract;
  • Development of the EPC contract draft (on the basis of the FIDIC standards), participation in negotiations, consulting a major international cement producing company and its Kazakh partner in the course of the Mynaarl station cement plant construction;
  • Preparing a legal opinion reflecting results of the review of the contract of the equipment delivery with the SsangYong company (South Korea) for the 2011 Winter Asian Games;
  • Representation of interests of a major Canadian gold mining company in negotiations with the Ertis Social and Entrepreneurship Company in connection with the joint development of a gold field with financing obligations in the amount of 4,500,000 US dollars, including drafting of the joint venture agreement and constituent documents of the joint venture to be incorporated, consulting on corporate aspects, including matters of forming a charter capital of the joint venture by transferring the subsurface use rights;
  • Carrying out Due Diligence and preparing a report in the course of the purchase of a large gold field in Kazakhstan;
  • Carrying out Due Diligence for and consulting a major Australian mining company on the matters of acquisition of mineral fields and mining enterprises in Kazakhstan;
  • Obtaining a license to provide services in the field of the atomic power use for a major U.S. company engaged in designing major industrial objects;
  • Obtaining a license to perform the works associated with the lifecycle stages of the atomic power use subjects for a major U.S. company engaged in designing major industrial objects;
  • Consideration of an arbitration case as an arbitrator in the Kazakhstan International Arbitrage: 50,000 US dollars damage claim of a group of against a major developer company;
  • Representation of interests of a major oil meal processing plant before the International Chamber of Commerce (Geneva) in the dispute with a Belgian equipment supplier concerning the defects of the supplied processing line;
  • Representation of interests of a shareholder of a Russian dairy manufacturer before the LCIA in the dispute with the shares buyer concerning breach of the clauses of non-competition and non-disclosure of the information of the leans of the enterprises owned by the acquired company stipulated by the agreement regulating sale and purchase of shares;
  • Compulsory execution of the decision of the Moscow Arbitration Court to collect the 100,000 US dollars debt in Kazakhstan on behalf of a major Russian tires manufacturing company;
  • Preparing a legal opinion on optimization of the tax impact following acquisition of a controlling block of shares of a major Kazakh confectionery factory;
  • Representation of interests of a major Kazakh-Russian mining enterprise in the dispute on recognition of illegality of termination of the subsurface use contract by a competent authority;
  • Carrying out Due Diligence of a Kazakh oil producing company for an international oil & gas company in the course of a planned acquisition transaction;
  • Support of the transaction regulating alientation of a share in a Kazakh oil producing company, including support of obtaining the government’s waiver of the preference right, permission for the transaction from a competent authority and permission for economic concentration from the antitrust authority. Amount of the transaction: 58,000,000 US dollars;
  • Representation of interests of a major investment company in the dispute concerning performance of the mutual demands and obligations agreement, including demands and obligations arising from the loan repayment obligations before one of the largest Kazakh banks in the amount of 7,400,000 US dollars, determining probable incomes of pre-trial and judicial settlement of a dispute;
  • Participation in the antidumping proceeding held by the Antidumping Committee of the U.S. Department of Commerce and protection of interests of the national uranium producing company and the Republic of Kazakhstan against the U.S. uranium producing company;
  • Representation of interests of a group of Dutch investment companies in the dispute with a major Kazakh bank on early recovery of the debt in the amount of 790,000,000 US dollars in result of breach by the borrowers of the terms and provisions of the general credit agreement;
  • Successful representation of interests of a company’s shareholder in civil and criminal proceeding in the course of a corporate dispute with other shareholders on withdrawal from business and division of the assets with a cost of more than 30,000,000 US dollars;
  • Support of design, construction and commissioning of ISR mines at the plants of the national uranium producing company (allowing in situ recovery of uranium) in South and West Kazakhstan;
  • Drafting internal corporate documents for a major gold mining company, including the provisions of the entity management system, management bodies, organizational structure and corporate ethics;
  • Structuring and support of the transaction regulating sale and purchase of shares of a major Kazakh confectionery factory, including resolution of the issues of tax optimization, transfer pricing and economic concentration. Amount of the transaction: 8,500,000 US dollars;
  • Structuring and support of the transaction regulating procurement of a 62,000,000 US dollars loan from a major Russian bank by a Kazakh oil producing company;
  • Structuring and support of the transaction regulating procurement of a 60,000,000 US dollars loan by a major Kazakh agricultural company.

Education

  • Kazakh State Law University named after Shaikenov N., Research Institute of Private Law, Candidate of Law (Almaty, Kazakhstan);
  • George Washington University, Faculty of Law / Georgetown University Law Center, Master of Laws (Washington, USA);
  • Karaganda State University named after Buketov E.A., Diploma of Highest Honors in International Law (Karaganda, Kazakhstan).

Professional Associations and Memberships

  • Kazakhstan Petroleum Law Association (KPLA);
  • Kazakhstani International Arbitration (KIA);
  • Public Organization “Kazakhstan Bar Association” (KazBar); 
  • International Bar Association (IBA).

Publications

  • Essential issues of the approval of major transactions and related party transactions in JSC and LLP, Uchet i Audit Kazakhstana Magazine, №12 (90), December 2014; Promyshlennost Kazakhstana Magazine, №6 (87), 2014; Arbitrage.kz, http://www.arbitrage.kz/461; De-Yure Magazine, №1, January 2015, №2, February 2015;
  • Ownership transferral under Inconterms contract - moment of transfer, tax risks and tax implications, Uchastnik VED Magazine, №1 (128), January 2015; Zakon.kz, http://m.zakon.kz/4686499-moment-perekhoda-prava-sobstvennosti-na.html; Uchet i Audit Kazakhstana Magazine, №2 (92) February 2015;
  • Certain issues of interim measures in international commercial arbitration (Part 1), Zakon.kz, http://pravo.zakon.kz/4686344-nekotorye-voprosy-mer-obespechenija-v.html; Arbitrage.kz, http://www.arbitrage.kz/461;
  • Some topical issues of the subsoil use laws of the Republic of Kazakhstan, Zakon.kz, http://pravo.zakon.kz/4686490-nekotorye-aktualnye-voprosy.html;
  • Common problems of presentation of foreign persons in civil process of Kazakhstan, Arbitrage.kz, http://www.arbitrage.kz/461;
  • Enforcement of Customs Union Legislation in Kazakhstan: One Practical Case, RCBK Magazine, №7-8 (243-244) July-August, 2014; De-Yure Magazine, №9, September 2014; Uchastnik VED Magazine, №9 (124), September 2014; 
  • The Laws of the Land, "THE OIL & GAS YEAR, KAZAKHSTAN" Magazine, 2013;
  • Corporate and International Private Law, Research Institute Conference, 2013;
  • Categories and Concepts in the Science of International Private Law, Research Institute Conference, 2011;
  • Civil Law and (International) Business Law: Relations Between the Concepts, Research Institute Conference, 2011;
  • International Private Law and Its Place in the Civil Law System of the Republic of Kazakhstan, Research Institute Conference, 13-14 May, 2010;
  • International Private Law and Its Place in the Civil Law System of the Republic of Kazakhstan, Research Institute Conference, 2010; 
  • Some Issues of Contractual Obligations in International Private Law, Research Institute Conference, 13-14 May, 2009;
  • Some Issues of Interpretation of the Sources of Civil Law, Research Institute Conference, 17-18 May, 2007.