We support foreign investors interested in acquiring ready projects in the area of renewable energy, including audits of design companies created for the purposes of production of renewable energy within which we assess legal aspects of the company’s functioning (e.g. examination of corporate and tax aspects of the company’s operations, agreements constituting legal title to property, construction and investment documentation, documentation related to the tender proceedings before the Energy Regulatory Office, etc.), we also support the process of property acquisition through creation and reviewing of agreements (other documents) in the share deal process (in particular Kauf-, und Abtretungsvertrag und Generalübernehmevertrag).
We have experience in the creation and reviewing of share deal agreements in accordance with the requirements of Polish law and on the Client’s request also pursuant to substantive law regulations regarding the liability of the seller in accordance with the German BGB. In the case of acquisition of a ready project we support the seller and design company in preparation of documentation making it possible for the investor to smoothly and safely acquire the company.
In our advisory services we pay special attention to securing the rights of future investors to leased property, focussing on the need to materially secure the rights to property through respective entries in land and mortgage registers, especially in case of long-term lease agreements concluded pursuant to the Polish law. For our Firm it is crucial to secure future investors against situations which might seem very distant upon the conclusion of agreement, like death of the leasee, enforcement against their estate, or sale of the property. We draw our foreign Clients’ attention to the differences between the Polish and for example German law, emphasising the meaning of material servitude in Polish law which offers definitely more protection to investors than personal servitudes in the German law.
