Climate change and environmental degradation represent a threat to entire humanity and determine the authorities to take action on the energy sector. Taking into consideration the European Green Deal, which aims to transform the European Union into a modern, competitive, and resource-efficient economy to significantly reduce net greenhouse gas emissions, as well as the objectives of EU Member States to accelerate investments and reforms to decarbonize the energy, transport, industry and construction sectors, the companies from the energy sector which are involved in ensuring the green transition are facing the challenges posed by the legislative provisions in continuous development and adaptability, as well as by certain complex contractual aspects of agreements with their business partners.
By using the legal services (for regulatory matters, due diligence within M&A operations, agreements negotiation), both the companies from the energy sector and the investors, financial institutions that provide financing, the actors from technology, industry, and transport sectors that are using energy, as well as their contractual partners are assuring the success of their projects, partnerships, and investments in future technologies, by eliminating or reducing legal risks.
NewLegalWay provides legal consultancy on Environment and Energy on the following aspects:
- Investments and financings that evaluate a company’s performance based on Environmental, Social and Governance (ESG) factors;
- Contractual aspects regarding smart mobility (urban mobility);
- Regulatory and contractual aspects in the green transition and digitalization in industrial companies;
- Investments in innovative technologies and drafting/negotiating agreements with technology companies. For more details, see the Technology and Intellectual Property section;
- Due diligence in M&A projects (mergers and acquisitions) on environmental issues (permits, licenses, and authorizations related to environmental protection, reports and minutes on environmental liability, environmental obligations, investigations, procedures, and infringements).
- Regulatory aspects regarding the energy efficiency of blockchain technologies (various consensus protocols, security, and related energy consumption);
- Restructuring the existing activities of companies from the energy sector;
- Reorganizations (due diligence of existing agreements between the companies from the group and their amendments, reorganization agreement, change of the structure at group level, Corporate Governance aspects, dividend policy, remuneration policy, Shareholders Agreements), amendments to the articles of incorporation, statutory decisions, establishment of reporting mechanisms, informing mechanism and subsequent mergers);
- Due diligence within Mergers & Acquisitions / M&A projects in energy sector and acquisition of renewable projects;
- Development of renewable/green projects (wind projects) and development of new production capacities;
- Sale of operational projects in the energy sector;
- Acquisitions of wind farms, regulatory matters, and issues regarding the coexistence of renewable projects with agricultural land;
- Incidental aspects in the construction and operation of renewable projects: equipment, employees, transport;
- Public offerings carried out by the majority shareholders of the companies listed on the stock exchanges and acting in the energy sector;
- Drafting and revising electricity supply contracts concluded with retail and industrial consumers;
- Joint Ventures Agreements;
- Loan agreements concluded with companies from the energy sector. For more details see the Financing and Crowdfunding section;
- Consultancy on agreements, business policies, strategies, and drafting contractual documentation.