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Gintautas Bartkus

Partner, Head of Public Law (Lithuania)

Vilnius, Lithuania

+370 5 251 4444; 251 4445

gintautas.bartkus@tgsbaltic.com

Lithuanian, English, French, Russian

MAJOR PROJECTS

Advised and represented a client in a transaction for attracting investments to the client’s company, transfer of shares of this company to the investor, ensuring financing for activities, as well as conduction of new operation transactions between the company and former shareholder’s group companies, including assistance in structuring the transaction, drafting of various transaction documents, representation in negotiations with investors and other entities, assistance in meeting closing pre-conditions and effecting the closing. The transaction was conducted in several stages, various contractual documents were made during the transaction, including investment agreements, share purchase agreements, security agreements, agreements for sale of services and goods in view of further activities. Services were provided in various areas of law, including the areas of company law, competition law, contract law, banking law, etc. The transaction was conducted in close cooperation with tax and business consultants (2013);

Advised a university in transforming it from a higher education institution into a public institution, including drafting of the Statute, also advised on regulation of activities carried out by governing bodies of the higher education institution, including drafting of the rules of procedure of the governing bodies. Legal services also included drafting of the procedure for management, use and disposal of property. In provision of the above-indicated legal services, the efficiency of regulation of activities of the higher education institution was, inter alia, evaluated in the context of the above-indicated areas (2011 – 2013);

Advised the Ministry of Energy of the Republic of Lithuania and AB Lietuvos Energija in representing the State of Lithuania against a group of shareholders of AB Lietuvos Elektrinė, in order to set a fair price for the shares during sell-out procedures. The consultations included services related to exercise of the sell-out right, including analysis of the European Union regulation and transposing this regulation into the national law, criteria for setting a fair price, assessment and analysis of a complex economic – financial, business evaluation expert examination, calling for deep interdisciplinary knowledge, and other unprecedented issues in the Lithuanian case law. Services also included representation during procedures in court (2011);

Advised UAB AD Baltic, a leading chain of supply of vehicle parts and vehicle service stations in the Baltic region, regarding structuring of the share purchase transaction and drafting of contract documents. Services included a limited scope legal due diligence review of transaction related companies, structuring of the transaction and project financing, also preparation of the draft of the share purchase agreement, representation in negotiations for execution of the agreement and at the closing (2012);

After a relevant request of the Ministry of Economy of the Republic of Lithuania, headed the working group for reducing the bureaucratic burden on businesses (Sunrise Commission): considered issues of improving business environment and made proposals to ministries, other public authorities and the Government of the Republic of Lithuania. Also, he made proposals to ministries and other public authorities regarding amendments to legal acts on governance if that was related to improving business environment, also proposals concerning draft legal acts changing business conditions that were prepared by ministries and other public authorities. The work in the working group was related to functions of EU institutions controlling business and their assessment, making proposals for their improvement (2009 – 2012);

After a relevant request of the Ministry of Economy of the Republic of Lithuania, headed a team of lawyers in performing a practical – scientific research “Possibilities of simplifying duties to provide information, which create administrative burden for business, in the context of better regulation”. The study identified and analysed duties to provide information in certain areas of activities of business entities, including evaluation of business processes in various business sectors, e.g. transport, construction, etc., as provided for in legal acts, in this context (2008 – 2009);

Performed a limited scope legal due diligence review of a major pharmaceutical company engaged in manufacturing and sale of generic and specialised medicinal products in Lithuania, Slovakia and Poland; represented the client in acquiring shares of this company, including preparation of the share purchase agreement (2008).

PUBLICATIONS

  • FIBA demands: sport or business? // Lietuvos Rytas, 2016 April
  • Panama Papers: Lithuanian systemic dimension // Verslo Žinios, 2016 April
  • Corporate governance brings modernity // Verslo Žinios, 2015 October
  •  The state desire to regulate business relationship // Verslo Klasė, No. 7 2015 
  • G. Bartkus (2002). Commentary on the Civil Code of the Republic of Lithuania. Book Two. Persons: Vilnius. Justitia.

membership

  • Member of the Council of the Lithuanian Bar Association 
  • Member of the Lithuanian Bar Association 
  • Board member of VĮ USA
  • 2015 – present VšĮ “Užstato sistemos administratorius” (Deposit System Administrator), member of the Board
  • 2015 – present UNICEF Lithuania, member of the Board
  • 2014 – present Lithuanian Bar Association, member of the Council
  • 2014 – present Vilnius Chamber of Commerce, Industry and Crafts, Chairman of the Audit Committee
  • 2012 – present ECGI (European Corporate Governance Institute), member
  • 2012 – present European Model Business Company Act (EMCA) drafting group, member
  • 2014 – present European Commission, Informal Company Law Expert Group (ICLEG), member
  • 2012 – present International Center for Settlement of Investment Dispute (ICSID), arbitrator
  • 2010 – present Lithuanian Free Market Institute, member of the Council
  • 2009 – present Arbitration Commission of the Lithuanian Guild of Brewers, arbitrator, Chairman
  • 2000 Transparency International Lithuanian Chapter, member of the Board
  • 1999 – 2005 Lithuanian Training Centre for Judges, member of the Board
  • 1999 – 2005 Open Society Fund Lithuania, member of the Board, Chairman
  • 1999 – 2000 Lietuvos Energija AB, member of the Board
  • 1999 – 2000 Baltik Vairas AB, member of the Board
  • 1999 – 2000 Panevėžio cukrus AB, Kėdainių cukrus AB, member of the Supervisory Council
  • 1989 – present Vilnius Court of Commercial Arbitration, member, arbitrator

PROFESSIONAL CAREER

  • Since 2017 Chairman of the Board, Partner at law firm TGS Baltic (former TARK GRUNTE SUTKIENE)
  • 2014 – 2017 Chairman of the Board, Partner at law firm TARK GRUNTE SUTKIENE 
  • 2012 – 2014 Manager of professional law partnership Baltic Legal Solutions Lietuva
  • 2004 – 2010 Manager of professional law partnership Jurevičius, Balčiūnas ir Bartkus (later, Baltic Legal Solutions Lietuva) 
  • 2001 – 2004 Partner at international audit and consultations company Ernst & Young Baltic UAB 
  • 2000 – 2001 Minister of Justice at the Government of the Republic of Lithuania 
  • 1992 – 2000 Partner, 1992 – 1999 Managing Partner at law firm Lideika, Petrauskas, Valiūnas ir partneriai LAWIN
  • 1990 – 1992 advisor to the Director at the Department of Nationalities of the Government of the Republic of Lithuania 
  • Since 1989 lecturer at Vilnius University, Faculty of Law

EDUCATION

  • 2002 – 2015 IMD International, TACK Training, Ernst & Young, CELEMI, Hill & Knowlton, FranklinCovey, DOOR Training & Consulting, OVC Consulting, Kitokie Projektai, Lithuanian Confederation of Industrialists Training Centre, Millefeuille Provence, TMD Partners, Project Management Institute (PMI), CRC Consulting, DoreVi, etc., various trainings in project management, public relations, negotiations, mediation & arbitration, conflicts resolution, strategic planning, leadership development, presentations skills, employees motivation and leadership, business finance, managing intangible assets, time management, accounting and financial reporting, risk management, internal audit, general management skills, French language courses
  • 2000 European Union institutions (EUVP), Belgium, The Netherlands, internship in EU law 
  • 1995 Ǻlborg University, Denmark, research in EU Company Law
  • 1995 Jean Moulin University, Lyon, France, internship in EU Consumer Protection and Company Law
  • 1995 American Bar Association, CEELI, Vilnius, Lithuania, training in International Sales of Goods
  • 1993 John Marshall Law School, Chicago, USA, visiting professor, research in Corporate Law, International Trade and the 1980 United Nations Convention on Contracts for the International Sale of Goods
  • 1992 American Bar Association, University of Warsaw, University of Lodz, Poland, training in Human Rights and Intellectual Property Law 
  • 1984 – 1989 Vilnius University, Faculty of Law, Diploma in Law, Master Degree