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Advice for the energy sector

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The energy industry is the cornerstone of the modern economy. Recently, however, it has been undergoing rapid regulatory changes. Therefore, the current energy transition poses a huge challenge from a legal and tax perspective.​​​​​​​​​​​​​​

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We offer specialised and comprehensive advice to the power sector and to enterprises planning to invest in renewable energy plants. By combining expertise in law, taxes and public financing of investment projects, we can find the best solution and minimise the time needed to implement a planned investment project and the related risk.

We support businesses in the areas of renewable energy, conventional energy, and in the gas and district heating sector, among other things. We also advise them on climate, environmental and energy regulations set by the EU. We search for the optimal source of funds, whether from national, EU or international aid programmes, and help you make effective use of them. We provide our services to both foreign and domestic enterprises​.
LEGAL ADVICE
FOR THE ENERGY SECTOR

  • (legal) due diligence audits of power companies and projects
  • transaction support in the sale of shares, company sale agreements​
  • drafting and negotiating business ​contracts of power companies, e.g. EPC contracts, PPAs, power supply and transmission contracts, leases, O&M contracts​
  • support for enterprises in joining support schemes for renewable energy sources, regular legal advice on the functioning of 
    support schemes
  • obtaining licences and other permissions for regulated activities​
  • representing clients in dealings with power grid operators in e.g. grid connection proceedings​​
  • representing clients in court and administrative proceedings, in particular before the President of the Energy Regulatory Office
  • handling transactions with bank and investment funds financing energy projects​
  • legal reviews and market study reports
TAX ADVICE
FOR THE ENERGY SECTOR​

  • (tax) due diligence audits​
  • cost segregation projects (determining the initial value of tangible assets for tax depreciation purposes)​
  • accounting for real property tax payable on photovoltaic power plants, wind farms and other energy infrastructure ​components, conventional power plants, and facilities using the latest technologies (e.g. hydrogen systems)
  • tax advice on the development or revision of financial models for raising external financing​
  • ​Transfer Pricing (TP) documentation for the energy industry, with a particular focus on the RES secto​r
  • day-to-day advice on CIT and VAT, taking account of the problems specific to the energy sector (balance accounting in the 
    auction support system, accounting for contributions to the Fund, Guarantees of Origin, VPPAs, CPPAs, net billing)
  • tax support in transactions and restructuring (M&A)​
  • t​ax support for contractors or investors in EPCM contracts​​
  • advice on excise duty obligations​​
  • withholding tax (WHT)
  • advance tax rulings
  • tax disputes​

​Renewable energy – legal and tax advice


We have a long-standing history of supporting investors in the area of renewable energy sources. We have rich experience in providing comprehensive advice to foreign and Polish businesses at every stage of their investment projects. We have proved that we can serve the largest market players.
​​


​State aid advice


When it comes to RES, we also support clients in finding ways to finance their projects using state aid.

  • review of the investment project in terms of eligibility for aid, as well as selection of the optimum type of aid taking into account the specific nature of the planned project and the status of the enterprise
  • preparation of the application for state aid​
  • representation and/or support in contact and negotiations with the competent authorities and institutions granting and controlling state aid
  • comprehensive support and advice at every stage of applying for and using state aid​



​Our experience in advising on energy projects


We have advised on a number of key national and international energy ventures. We have supported our clients in investment processes, in drafting key project agreements, and in court and administrative proceedings, in particular before the President of the Energy Regulatory Office. We have also handled tasks related to CPPAs and VPPAs. We also advise on company law, mergers and acquisitions (M&A) and competition law.



 Our team

   
   Piotr Mrowiec
   Attorney at law (Poland), Associate Partner


   Jakub Plebański
   Senior Lawyer



   Magdalena Skurowska
   new investment expert

 

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