Energy

How we can help

Business Owners
As a business owner, if you decide to set up a new business in the energy sector, we will be pleased to support you in the following matters:
- Incorporation and state registration of a project company on a "turn-key" basis (including, employment and banking issues)
- Legal support to your project managers, including receipt of title to the land and all permits necessary to conduct business in the energy sector in Ukraine
- Comprehensive legal advice to your financial department with regard to financing project development
- Further legal support of day-to-day business operations
As a business owner, if you want to sell your energy business (or any part thereof), we can provide our comprehensive legal support with:
- Vendor due diligence, which will help to identify relevant risks and mitigate them in a timely manner to avoid reduction of value
- Corporate, asset, or debt pre-sale restructuring (including optimising corporate or asset structure for future transactions, preparing and drafting all documents necessary for the restructuring, and receiving all permits and approvals)
- Transactional work (including preparing and negotiating agreements on the sale and purchase (shares or assets), agreements for joint venture, shareholders' agreements, call/put options, guarantees, side letters, etc.)
- Assistance with fulfilment of the pre-completion conditions and further post-closing integration
- Receipt of all corporate and regulatory approvals required for the transaction (including merger control clearance)
If your management decides to purchase energy business (or its part) we can provide our legal assistance in the following matters:
- A comprehensive legal due diligence of a target and its assets
- Deal structuring for acquisition of shares or assets
- Transactional work (including preparing and negotiating agreements on the sale and purchase (shares or assets), agreements for joint venture, shareholders' agreements, call/put options, guarantees, side letters, etc.)
- Assistance with fulfillment the pre-completion conditions and further post-closing integration
- Receipt of all corporate and regulatory approvals required for the transaction (including merger clearance, creditors' approvals, etc.)
If you need to set up or settle your business relations with other shareholders, we will provide our legal support in the following matters:
- Joint ventures (minority and majority stakes)
- Corporate governance (including drafting and negotiating shareholders' agreements, developing the constitutional documents and by-laws, etc.)
- Development of a withdrawal strategy from business (including preparing and negotiating the relevant call and/or put option agreements, legal assistance with the drag and/or tag along matters, etc.)
- Compliance with the rights of first refusal and/or pre-emption rights of other shareholders
- Reorganisation and/or business restructuring
Legal Department
With our legal experience and profound understanding of the energy business, our assistance to your legal department can include comprehensive legal support in the following matters:
- Corporate matters (including convening and holding shareholders' meeting(s) and meetings of other governing bodies, restatement of constitutional documents, increase/decrease of the share capital, change of the members of the governing bodies, etc.)
- Day-to-day business operations and commercial agreements (including lease agreements, supply, financing, EPC, O&M, etc.)
- Employment matters in cooperation with the HR department
- Banking and other financial matters under the control of the financial department
- Real estate and other project development matters in cooperation with project development managers
- Regulatory and compliance matters (including receipt of licenses and permits, representation of the clients' interests vis-à-vis the state and local authorities, matters related to protection of economic competition, etc.)
- Litigation matters (including representation of the clients' interests in court (all levels)
HR Department
Acting as legal counsel to a project company in the energy sector, we can assist to HR department with the following matters:
- Employment of top managers and further termination of their powers (including, preparing and negotiating employment contracts or civil agreements with the members of the supervisory board and/or board of directors, employment termination agreements, etc)
- Employment of foreigners in Ukraine (including obtaining work permits, temporary residence permits, and Ukrainian visas)
- Data privacy (including, preparing the non-disclosure agreements with employees, internal regulations on confidential information and/or trade secret, etc)
- Responsibility of top managers (including, preparing by-laws and internal regulations on supervisory board and/or board of directors, optimizing structure of corporate governance in the company's constitutional documents, etc)
- Employment laws compliance (leaves, labour safety, personal data related matters, etc)
Financial Department
As legal counsel to a business entity engaged in the energy sector, we can provide our comprehensive legal support to the financial department with the following matters:
- Attracting financing from a bank (including negotiating credit facility agreements, cooperation with banks on performance of pre-completion conditions, security package for a credit facility, etc.)
- Attracting and/or providing intra-group financing (including preparing and negotiating loan agreements, financial aid agreements, etc.)
- Legal support with the provision of securities to a bank and/or other creditors (including preparing and negotiating mortgage agreements, agreements on the pledge of movable assets and/or corporate rights, personal suretyship and/or corporate guarantee agreements, state registration of encumbrances, etc.)
- Refinancing or debt restructuring (including legal support with the termination of current securities (mortgage, pledge, etc.) and their further transfer to another creditor, assignment of claims, etc.)
- Receipt of all corporate and regulatory approvals for any and all stages of financing
- Representation of clients' interests in relation to banks and other creditors on regulatory compliance and currency control matters
Project Development Managers
Taking into account our legal expertise in project development, we understand that you as a project manager in energy sector may need our legal assistance in the following matters:
- Receipt of title to the land (including, allocation of the land plot and change its designated use, legal support with development of land design documentation and urban-planning documentation, representation of the client's interests in state and local authorities)
- Legal due diligence of immovable property (e.g., during acquisition of the land by a project company or formalisation of the lease title to the land) and in case of any risks identified, we will provide our legal support with their further mitigation
- Regulatory compliance during design, construction, and development of facilities
- Comprehensive legal support with drafting and negotiating of the agreements necessary for design, construction, and development of the project (including EPC, architectural and/or technical supervision, supply of the equipment, O&M services, etc)
- Receipt of the permits and approvals required for construction and commissioning of real estate facility
- Registration of title to and encumbrances over immovable property
- Grid connection (including, negotiating grid connection agreements, legal support with other regulatory matters)
- Receipt of feed-in-tariff (including, legal support concerning the entrance by a project company into an agreement on the sale and purchase of electricity, preparing and collecting the documents required for receipt of the feed-in-tariff)
- Representation of clients' interests in relation to the state and local authorities in connection with regulatory and other matters at all of the above stages during project development