Marko Kairjak

Marko Kairjak

Partner, Head of Banking & Finance, Head of Criminal Compliance
Tallinn, Estonia

International legal directory Chambers Europe notes him for his regulatory expertise saying he has "thorough knowledge in the [banking and finance] sector and the ability to lead the project smoothly; it’s clear that he is very experienced."

chambers europe 44 v2     legal 44 v4     iflr 44

  • About

    Marko Kairjak is an accomplished expert in compliance and regulatory matters. He has advised numerous crowdfunding platforms in setting up the platform, is advising largest payment institution providers in licensing issues. He has advised licensing of banks, investment firms and alternative fund managers in Estonia. He has also advised reorganization of Krediidipank into modern IT-driven bank rebranded as Coop Pank.

    Marko Kairjak is a renowned academic in the field of financial regulatory, having lectured as visiting lecturer in universities in Finland, Russia and Germany, he is also an author of numerous academic articles. In 2017 he did his post-doc at HU Berlin focusing on the new MAR/CSMAD regime. He was head of the Estonian Ministry of Justice’s working group revising the financial sanctions regime under the SSM, MAR/CSMAD, Mifid II and BBRD and was responsible for drafting the relevant legal acts. During the Estonian presidency of the Council of EU in 2017, he was deployed as an external expert and was head of the working group on Emir Refit file and steered the file into common approach in the Council consultations.

    He was also engaged in DG Markt Unit G3 of the EC from March to July 2014 and was involved in the final phases of adopting the Mifid II and MAR by the Commission and also worked closely with the crowdfunding consultation of the European Commission. He is member of the legal committee to Finance Estonia crowdfunding working group.

  • Major Projects
    • 04.05.2018

      Advising EstateGuru in securing its first institutional credit line with Varengold Bank

      The firm's banking and finance team led by partner Marko Kairjak advised EstateGuru in signing its first institutional credit line with German-based Varengold Bank AG. EstateGuru, European leading cross-border marketplace for short-term property loans has secured its first institutional credit line to be invested into loans originated in the Baltic market.

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    • 02.05.2018

      Advising Cryptus in obtaining virtual currency handling authorisations from Estonian Financial Intelligence Unit

      The firm's banking and finance team led by partner Marko Kairjak advised Cryptus in obtaining virtual currency handling authorisations from Estonian Financial Intelligence Unit to provide services of exchanging a virtual currency against a fiat currency as well as virtual currency wallet services.

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    • 02.04.2018

      Advising Eesti Ühistukapital in acquiring 5% ownership in Coop Pank from Inbank

      Inbank and Eesti Ühistukapital signed an agreement, as a result of which Eesti Ühistukapital will acquire 5% of Coop Pank's shares from Inbank.

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    • 05.01.2018

      Advising Admiral Markets on a bond issue

      The firm's banking and finance team led by partner Marko Kairjak advised online trading provider Admiral Markets on a public bond issue.

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    • 08.09.2017

      IUVO GROUP obtained credit intermediary authorisation from the Financial Supervision Authority

      The firm's banking and finance team led by partner Marko Kairjak advised Bulgarian capital-based rapidly growing crowdfunding platform IUVO, focusing on both consumers and corporate clients, in obtaining credit intermediary authorisation in the Estonian Financial Supervision Authority.

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    • 20.06.2017

      Advising UPP & CO KAUNO 53 on entering the Nasdaq Baltic First North bond market

      The firm’s banking and finance team advised UPP & CO KAUNO 53 OÜ, a company owned by Estonian asset management company United Partners Property, during the process of admittance to trading on Nasdaq Baltic First North market.

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    • 07.04.2017

      Representing Kemotex Finance on obtaining a licence from the Financial Supervision Authority

      The firm’s banking and finance team represented Kemotex Finance in obtaining creditor and mortgage creditor authorisation in the Financial Supervision Authority.

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    • Representing Neinar Seli in a criminal case

      Representing a high-net worth entrepreneur and business investor Neinar Seli in a criminal case involving violation of anti-corruption law and procedural restrictions.

    • Representing Mart Opmann in a criminal case

      Successfully representing a former business and state figure, a former minister and a former member of the Parliament, Mart Opmann, in a criminal case involving abuse of trust and causing the insolvency of a private company.

    • Advising CNC Associates Inc in drafting financing agreements

      Advising US based Machine Leasing and Financing subsidiary CNC Associates Inc in drafting financing agreements to sell Haas Automation machinery in Estonia.

    • Advising TavexWise in acquiring a payment institution license under the PSD

      Advising cross-border money transfer provider TavexWise, operating in eight countries in Europe, in acquiring a payment institution license under the PSD.

    • Advising Estateguru on the setup of a real estate crowdfunding platform

      Advising Estateguru on the setup of a major real estate crowdfunding platform, including acting as a collateral agent in the subsequent financing transactions.

    • Advising Admiral Markets on setting up a cross-border compliance network

      Advising Admiral Markets, one of the most rapidly growing Forex traders in the EU and Australia, on setting up a cross-border compliance network as well as regulatory issues across the Baltics.

    • Assisting Nasdaq Baltic in drafting the prospectus and related documentation templates for potential bond issuers

      Assisting Nasdaq Baltic, part of the world's largest exchange company NASDAQ OMX Group, in drafting the prospectus and related documentation templates for potential bond issuers in the regulated markets operated by Nasdaq in the Baltics.

    • Advising DVB Bank America in refinancing the loans of an Estonian ferry transport group

      Advising international financial services provider for the transport sector – DVB Bank America – in refinancing the loans of an Estonian ferry transport group.

    • Advising and representing major creditors of the GILD Arbitrage hedge fund in restructuring loans to bonds

      Advising and representing major creditors of the GILD Arbitrage hedge fund in restructuring loans to bonds and creating security and supervisory structure as well as in the first ever bankruptcy proceeding of a fund manager, GA Fund Management (bankrupt), which created a judicial precedent and led to the amendment of provisions concerning the liquidation of hedge funds in the Investment Funds Act.

    • Advising and representing one of the largest retail chains in Estonia in criminal proceedings

      Advising and representing one of the largest retail chains in Estonia in criminal proceedings in the Competition Board, Prosecutors office and in the courts.

  • CV

    Professional career

    Since 2017
    Partner, law firm TGS Baltic
    2017
    Chairman of the EMIR Refit team, Estonian Presidency of the Council of the EU
    2017
    Visiting Scholar, HU Berlin
    2015 – 2017
    Partner, law firm Varul
    2015
    Visiting Scholar, Kaliningrad University
    2014
    European Commission, DG Markt, Unit G3
    2013
    Visiting Scholar, Osnabrück University, Institute of Economic Criminal Law
    2011 – 2015
    Senior Associate, law firm Varul
    2010
    Visiting Scholar, Georg-August-Universität Göttingen
    2010
    Intern, Covington & Burling (London)
    Since 2007
    Part-Time Lecturer, University of Tartu, Faculty of Law
    2005 – 2011
    Associate, law firm Varul

    Education

    2015
    University of Tartu, Faculty of Law, PhD
    2010
    Cambridge University, Faculty of Law, LLM
    2007
    Westfälische Wilhelms-Universität Münster (Germany), Faculty of Law (Student Exchange Program)
    2007
    University of Tartu, Faculty of Law, Master of Law (cum laude)
    2005
    University of Tartu, Faculty of Law, Bachelor of Law

    Memberships

    2015
    European Fraud and Compliance Lawyers
    2013
    European Criminal Bar Association
    2008
    Estonian Bar Association
    2007
    Estonian Legal Science Society