We offer advice to companies and investors who are considering their entry on the renewable energy market, or are already operating thereon, for projects at all stages of development (pre-RTB, RTB and COD). Professional advice from experienced professionals allows us to minimize the investment risk with regard to the implemented projects and the regulatory risk associated with the generation of electricity from renewable energy sources.
Challenges faced by companies with regard to investments in renewable energy sources
Situation on the renewable energy sources market is changing constantly and dynamically, not only as a result of events on global and local markets, but also due to constant changes in the regulatory environment, concerning both the investment process, project financing, but also the very generation of energy in renewable energy installations and a subsequent trading in the generated energy.
Entrepreneurs in Poland face numerous regulatory obstacles limiting or prolonging the investment and permit-obtaining processes, restrictions on access to the distribution network, changes in support mechanisms and restrictions and burdens on trading in energy generated in renewable energy installations. These challenges pose significant regulatory risks, but they also generate market and financial risks.
Benefits of legal support in the area of investments in the RES sector
- Ensuring legal security of the investment;
- Providing a sense of security during the transaction and after the closing;
- Increasing the chance for a successful closing of the transaction;
- Preparing the implementation of investments and commencement of business activity through support in obtaining permits, concessions, securing legal titles to real estate and being connected to the grid;
- Adapting in advance the company's operations to changing legal regulations based on legislative changes monitoring;
- Getting support of experienced lawyers in the course of contract negotiations;
- When needed, effectively combining the services provided by KPMG Law with tax, accounting, financial and transaction advisory services provided by other entities from the KPMG group.
KPMG Law’s support for the RES industry
We advise our clients (including developers and investors) at all stages of project implementation, , i.e.:
- Pre-RTB (pre-ready-to-build) - projects with reference to which not all the required permits have been issued and not all contracts allowing the commencement of construction works have been signed;
- RTB (ready-to-build) - projects with all the required permits and contracts that are necessary before the start of construction works;
- COD (commercial operation date) - fully operational projects that already produce and sell electricity.
We conduct legal due diligence analyses for a wide range of energy and infrastructure projects.
We have well-established experience in concluding PSPA and SPA agreements We offer comprehensive support during the negotiation of asset and project companies acquisitions.
We advise and support in negotiating contracts oraz w zabezpieczeniu praw do nieruchomości. necessary for the implementation and operation of infrastructure projects (EPC, BoP, TSA, O&M, PPA).
We help investors and developers in obtaining the necessary permits and decisions and in securing title to real estate. We support the clients in the process of connecting to the grid (also through cable-pooling). We facilitate the settlement of support provided through auctions.
We offer regulatory advice and representation in proceedings pending before the President of the Energy Regulatory Office.
About us
We are a team of attorneys-at-law and advocates with extensive experience in the provision of legal advisory services to the broadly understood energy sector (investors, RES developers, trading companies, network companies, energy-intensive entities).
At KPMG Law, we cooperate with specialists in the field of M&A, real estate, competition, and labour law. In addition, our participation in KPMG structures permits us to enrich our services with the support of KPMG tax, finance, accounting and transaction advisory experts.
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