Our Practice Areas

Stabb & Partners advises on the following practice areas. For details of our experience, please click on the link, in which you are interested.

Aviation

Advising an owner of aircraft on subleases of aircraft to TAROM, the Romanian State airline.

 Advising on the financing of the acquisition of a helicopter for operation in Romania.

 Advising on leases of airplanes and helicopters and taking security.

 Registration of aircraft under Romanian flag and subsequent deregistration.

 Advising on a significant US-Romanian joint venture for the servicing and maintenance of passenger airliners.

 Advising on the recovery of aircraft upon default by lessees.

 Advising on a bid for a listed aerospace manufacturer.

Bankruptcy / Insolvency
  • Advising liquidators in relation to the liquidation of a number of major companies controlled by the Romanian State, advising on sales of businesses and individual asset sales by way of tender and drafting all associated documentation.
  • Advising entities undergoing judicial reorganisation in Romania.
  • Advising clients on voluntary liquidation of their activities in Romania.
  • Advising clients on implementing large scale redundancy programmes.
  • Advising purchasers seeking to buy assets from companies in liquidation.
  • Winding up of a slag reduction company.
  • Winding up of a glass processing company.
  • Winding up of a gaming company.
  • Advising clients on defending against claims for bankruptcy and judicial reorganisation.
  • Advising creditors seeking to initiate judicial reorganisation and liquidation procedures against their debtors and seeking to maintain their claims as part of such procedures.
Banking and Finance
  • Advising on all aspects of the establishment and operations of a number of commercial banks, including preparing model loan and security documentation.

 

  • Advising an international financial institution on providing loan and convertible loan finance to a greenfield brewery development and on taking security in relation to the project.

 

  • Advising EBRD in relation to its capitalisation of private banks in Romania and Bulgaria.

 

  • Advising EBRD on a series of loans of $5 to 10 million each to four Romanian banks and the security packages available.

 

  • Advising EBRD on a loan to finance the construction of a bottling plant for a multinational soft drinks company in Romania and on taking security in relation thereto.

 

  • Advising an Israeli bank on a $ 22 million loan to fund the acquisition of a hotel chain and associated security.

 

  • Advising a UK currency trading platform on the Romanian law applicable to crypto-currencies.

 

  • Advising on the Romanian aspects of the group restructuring of an Austrian banking group.

 

  • Advising on the establishment of a bank specializing in the provision of credit to small and medium sized enterprises.

 

  • Advising EBRD on the grant of a loan facility to Banca Transilvania and the taking of security over the security taken by Banca Transilvania under its subloans.

 

  • Advising the Government of Romania on reform of the law relating to secured lending.

 

  • Presenting a series of seminars to clients on the secured lending and foreign exchange laws.

 

  • Advising on security structures for a number of project finance transactions in the utilities sector.

 

  • Advising an Austrian bank on a $150 million loan to a Romanian petroleum company.

 

  • Advising on the lease financing of railway carriages and rolling stock and security and enforcement of security.

 

  • Advising on transactions involving property developments involving taking security over real estate in Romania.

 

  • Advising an Austrian bank on the preparation of a manual on secured lending transactions in Romania, including preparing model loan and security documentation.
Business Law
  • Acting on all aspects of a UK investment in Timisoara in a foam moulding plant.
  • Acting on the acquisition of an asset valuer.
  • Acting on the acquisition of a wood processing plant.
  • Advising on the establishment of a gaming company.
  • Acting for various multinational companies in their respective acquisitions of, and bids to acquire, Romanian companies from the SOF and other vendors.
  • Advising on the establishment of a lime production manufacturer.
  • Advising on all aspects of the establishment and operations of a major international shipping and transportation company.
  • Advising on the establishment of a fertiliser producer.
  • Advising on the acquisition, by way of tender, of a manufacturing plant.
  • Advising two British companies of the disposals of their interests in a construction services company.
  • Advising a manufacturer on the $100 million greenfield development of a new production facility.
  • Advising on the $ 40 million sale of a food manufacturing facility.
  • Advising a French investor on investing in a pharmaceutical distribution company.
  • Acting for a major multinational company in its acquisition of a Romanian detergent factory and on day to day matters arising from its ongoing business; advising on the reorganisation, by way of merger, of the client’s companies and businesses in Romania.
  • Advising on the restructuring and increased capitalisation of a greenfield Romanian company, and the acquisition of minority shareholdings by the majority shareholder.
  • Advising two clothing manufacturers on multi-million dollar greenfield developments of new production facilities.
  • Advising two British companies on their exit from a joint venture for architectural design services in Romania.
  • Advising on the acquisition of a rolled steel mill.
  • Advising on the sale of a major services company.
  • Advising an Austrian client on structuring its trade finance arrangements in Romania.
  • Establishing a corporate structure and licensing arrangements for the worldwide marketing and distribution of the products of a Romanian pharmaceutical company.
  • Advising on the restructuring and increased capitalisation of a privatised Romanian company, and the acquisition of minority shareholdings by the majority shareholder.
  • Advising on the restructuring of various Romanian companies, including on alteration of corporate status, revision and updating of constitutive documents and alteration of capital structure.
  • Advising on the establishment and incorporation of a wide variety of new businesses and on day to day company, commercial property and employment issues arising for such businesses.
  • Advising on the purchase of a bar.
  • Advising on the drafting of franchise contracts.
  • Due diligence work in various industries, including a provider of water and sewerage services, general manufacturing, quarrying, steelworks, biofuel and food processing.
  • Advising on the acquisition and development of greenfield sites for a Danish developer of out of town shopping centers.
  • Registration of trade marks.
  • Advising on the acquisition of a wood panel factory and the establishment of a company benefiting from Disadvantaged Area tax benefits.
  • Acting in relation to the competition issues arising from the need to notify economic concentrations following mergers and acquisitions in Romania.
  • Advising a US cosmetics company on product packaging and licencing requirements.
  • Obtaining fire authorisation and other operational permits.
Capital Markets / Securities
  • Advising on a sale of shares on RASDAQ.
  • Advising on an initial public offering on the Bucharest Stock Exchange.
  • Advising on capital increases by public offerings and upon control implications of the acquisition of shareholdings in quoted companies.
  • Advising listed companies on their obligations under the securities law.
  • Advising on the de-listing of companies.
Company and Corporate Law
  • Advising on the acquisition of an engineering consultancy company.
  • Advising on two bids to install and operate co-generation facilities located on municipal landfill sites.
  • Advising on the buyout of a minority shareholder as part of a group restructuring.
  • Advising on the establishment and subsequent development of a company specialised in providing independent ATMs. Advising on the payment services legislation in Romania applicable to operators of ATM services and on the supervisory competence of the National Bank of Romania.
  • Advising Charles Ashby & Sons on the acquisition of Scotfarm SRL.
  • Advising Westbridge Furniture Designs Limited on the takeover of a clothing manufacturer.
  • Advising on the extension of the manufacturing operations of a bottling company in Romania.
  • Advising on all aspects of the establishment of a subsidiary for a major Russian producer of oil and gas drilling and pumping equipment.
  • Advising on all aspects of establishment and development of Qatar Airways and British Airways’ operations in Romania.
  • Advising on the acquisition of a biogas generation company.
  • Advising on various contracts for the provision of engineering services.
  • Advising on several contracts to install generation equipment on municipal waste sites for the purposes of generating electricity from biogas.
  • Advising on joint ventures with Romanian companies which operate concessions for landfill sites.
  • Advising on the regulatory environment, in particular in relation to green certificates for energy generated from renewable sources and electricity generation licences.
  • Advising on establishment of a biofuel facility.
  • Advising Ener-G PLC on structuring of a concession contract to upgrade the heating facilities at a Romanian hospital based on an exemption from Ordinance 886.
  • Advising on the establishment of Exclusive Auto Imports SRL, a company specialised in sales of luxury vehicles.
  • Advising Property Partners International on the establishment of Exclusive Interiors SRL, a real estate trading company.
  • Advising Geocel Limited on post-completion matters following the establishment of a joint venture in Romania.
  • Advising on the formation of more than 200 small and medium sized companies.
  • Advising Lhoist S.A.  on the dissolution of a subsidiary in Romania.
  • Advice on public procurement issues on several tender projects.
  • Acting on the acquisition of an asset valuer.
  • Acting on the acquisition of a wood processing plant.
  • Advising on the establishment of a gaming company.
  • Acting for various multinational companies in their respective acquisitions of, and bids to acquire, Romanian companies from the SOF and other vendors.
  • Advising on the establishment of a lime production manufacturer.
  • Advising on all aspects of the establishment and operations of a major international shipping and transportation company.
  • Advising on the establishment of a fertiliser producer.
  • Advising on the acquisition, by way of tender, of a manufacturing plant.
  • Advising two British companies of the disposals of their interests in a construction services company.
  • Advising a manufacturer on the $100 million greenfield development of a new production facility.
  • Advising on the $ 40 million sale of a food manufacturing facility.
  • Advising a French investor on investing in a pharmaceutical distribution company.
  • Acting for a major multinational company in its acquisition of a Romanian detergent factory and on day to day matters arising from its ongoing business; advising on the reorganisation, by way of merger, of the client’s companies and businesses in Romania.
  • Advising on the restructuring and increased capitalisation of a greenfield Romanian company, and the acquisition of minority shareholdings by the majority shareholder.
  • Advising two clothing manufacturers on multi-million dollar greenfield developments of new production facilities.
  • Advising two British companies on their exit from a joint venture for architectural design services in Romania.
  • Advising on the acquisition of a rolled steel mill.
  • Advising on the sale of a major services company.
  • Advising an Austrian client on structuring its trade finance arrangements in Romania.
  • Establishing a corporate structure and licensing arrangements for the worldwide marketing and distribution of the products of a Romanian pharmaceutical company.
  • Advising on the restructuring and increased capitalisation of a privatised Romanian company, and the acquisition of minority shareholdings by the majority shareholder.
  • Advising on the restructuring of various Romanian companies, including on alteration of corporate status, revision and updating of constitutive documents and alteration of capital structure.
  • Advising on the establishment and incorporation of a wide variety of new businesses and on day to day company, commercial property and employment issues arising for such businesses.
  • Due diligence work in various industries, including a provider of water and sewerage services, general manufacturing, quarrying, steelworks and food processing.
  • Advising on the acquisition and development of greenfield sites for a Danish developer of out of town shopping centers.
  • Registration of trade marks.
  • Advising on the acquisition of a wood panel factory and the establishment of a company benefiting from Disadvantaged Area tax benefits.
  • Acting in relation to the competition issues arising from the need to notify economic concentrations following mergers and acquisitions in Romania.
  • Advising a US cosmetics company on product packaging and licencing requirements.
  • Obtaining fire authorisation and other operational permits.
Career Opportunities

Work with us !

Our success depends on the skills and commitment of our people so we aim to attract and retain the best people. To do this, we aim to provide an environment where everyone has the opportunity to achieve their potential and enjoy their work. We are interested in what each person can contribute, both individually and working alongside others. If you join us, you will find some great colleagues and fascinating work, and find that a law office can be fun as well as hard work!

 

If working in our office would be of interest, whether you are a student looking to start your career, a qualified lawyer interested in a specific practice area, or you would like to work with us in an administrative support or translation role, please send your C.V. and letter of intention to: info@stabblaw.com.

Commercial and Contract
  • Acting on all aspects of the biggest UK investment in Timisoara in a foam moulding plant.
  • Acting on the acquisition of an asset valuer.
  • Acting on the acquisition of a wood processing plant.
  • Advising on the establishment of a gaming company.
  • Acting for various multinational companies in their respective acquisitions of, and bids to acquire, Romanian companies from the SOF and other vendors.
  • Advising on the establishment of a lime production manufacturer.
  • Advising on all aspects of the establishment and operations of a major international shipping and transportation company.
  • Advising on the establishment of a fertiliser producer.
  • Advising on the acquisition, by way of tender, of a manufacturing plant.
  • Advising two British companies of the disposals of their interests in a construction services company.
  • Advising a manufacturer on the $100 million greenfield development of a new production facility.
  • Advising on the $ 40 million sale of a food manufacturing facility.
  • Advising a French investor on investing in a pharmaceutical distribution company.
  • Advising clients on corporate and employee taxation.
  • Advising clients on licensing requirements for their businesses.
  • Advising on the restructuring and increased capitalisation of a greenfield Romanian company, and the acquisition of minority shareholdings by the majority shareholder
  • Advising two clothing manufacturers on multi-million dollar greenfield developments of new production facilities.
  • Advising two British companies on their exit from a joint venture for architectural design services in Romania.
  • Advising on the acquisition of a rolled steel mill.
  • Advising on the sale of a major services company.
  • Advising an Austrian client on structuring its trade finance arrangements in Romania.
  • Establishing a corporate structure and licensing arrangements for the worldwide marketing and distribution of the products of a Romanian pharmaceutical company.
  • Advising on the restructuring and increased capitalisation of a privatised Romanian company, and the acquisition of minority shareholdings by the majority shareholder.
  • Advising on the restructuring of various Romanian companies, including on alteration of corporate status, revision and updating of constitutive documents and alteration of capital structure.
  • Advising on the establishment and incorporation of a wide variety of new businesses and on day to day company, commercial property and employment issues arising for such businesses.
  • Due diligence work in various industries, including a provider of water and sewerage services, general manufacturing, quarrying, biofuel, steelworks and food processing.
  • Advising on the acquisition and development of greenfield sites for a Danish developer of out of town shopping centers.
  • Advising on the acquisition of a wood panel factory and the establishment of a company benefiting from Disadvantaged Area tax benefits.
  • Acting in relation to the competition issues arising from the need to notify economic concentrations following mergers and acquisitions in Romania.
  • Advising a US cosmetics company on product packaging and licencing requirements.
  • Obtaining fire authorisation and other operational permits.
  • Advising on the acquisition of a farm in the Danube Delta.
Competition
  • Acting in relation to numerous notifications to the Competition Council following acquisitions and mergers.

 

  • Obtaining clearance from the competition authorities in relation to a series of exclusive distribution and marketing agreements.
Employment and Pensions

Romania’s admission to the EU has resulted in a significant harmonisation of Romania law with EU employment legislation. In general, this has resulted in increased responsibilities for employers and the need for employers to increase their diligence in order to ensure compliance with the Romanian law in order to ensure good relations with their workforces and the local labour inspectorates. Employees, too, are becoming increasingly aware of their entitlements and are becoming more accustomed to exercising their rights.

Our employment law practice covers the following areas:

  • advising on individual and collective labour contracts, internal regulations and policies, confidentiality, restrictive covenants and non-compete agreements, management contracts, stock option plans and other benefits programs, safety and health rules and regulations and with data protection implications in an employment context.
  • advising on the legal requirements relating to restructurings and business transfers and individual and collective dismissals;
  • representing corporate clients in connection with employment-related disputes;
  • reviewing the employment policies of clients;
  • drafting employment contracts, internal regulations and job descriptions;
  • advising on the termination of employment of managers and employees of Romanian companies;
  • advising on employee entitlements under the Labour Code;
  • advising companies on “gardening leave” for employees;
  • obtaining visas and residence permits for non-Romanian employees and staff on secondment to Romania.

 

Recent examples of our experience include:

  • advising a US-owned company on the defence of more than 100 benefit claims and in litigation brought against the local territorial labour office for contentious administration;
  • advising a major Romanian bank on the termination of employment of its General Manager;
  • advising an American law firm on the establishment of an outsourcing business in Romania relating to certain of its activities, including advising on the legal provisions relating to shift work and night workers;
  • advising a Chamber of Commerce on the termination of employment of a General Manager.
  • Advising a UK energy company on the termination of employment of its General Manager.
  • advising the Romanian subsidiary of a major Indian company on all aspects of the secondment of its senior management to Romania, including visas, work permits and tax advice;
  • advising a senior manager on bringing a claim against a major multinational company for non-payment of a severance package;
  • advising the Romanian subsidiary of a US company on the transfers of 300 employees following the acquisition of an undertaking;
  • advising the Romanian subsidiary of a Belgian technical equipment manufacturer on its employment contracts;
  • Advising an international airline on all aspects of its employment law requirements for its staff in Romania;
  • advising a UK-Bulgarian joint venture in Romania on structuring its management contract with the general manager.
  • Advising on all aspects arising from the establishment and operation of an outsourcing facility in Romania, including:
  • a company collective bargaining agreement.
  • agency agreements.
  • Employee benefits (for example, medical leave; Benefits for nightwork; Holiday entitlement; sickness indemnity entitlement; overtime; entitlements to vocational training).
  • termination of an employee on sick leave.
  • A collective redundancy programme
  • Advising an airline on employment law matters arising from time to time, including issues relating to pension rights, severance payment issues under Romanian law, advice on pay increase issues, advice on customising international policies to Romania.
  • Enforcement of an order obtained in a UK Employment Tribunal against a Romanian employer for breach of contract.
  • Preparing an employment contract for a senior Romanian manager and registering with the local Labour Inspectorate.
  • Advising a listed Romanian company on all employment law requirements including trade union issues, employment of handicapped persons and new management contracts for senior managers.
  • Advising a US parent company on applying for State subsidies in relation to the hiring of employees.
  • Advising on all aspects of the establishment of a recruitment agency and the placement of staff with third party employers.
European Community Law Extradition Proceedings
  • COMING SOON…

Debt Recovery and Enforcement of Judgments

COMING SOON…

Concessions
  • Advising an American investor on the acquisition of a company having five onshore exploration licences.
  • Advising a Japanese power company on its provision of debt and convertible debt finance to an Independent Power Project, including reviewing the options for taking security and advising on renegotiation of power purchase agreements.
  • Advising the Municipality of Bucharest, under an EBRD funded project, on the preparation of the district heating operations for privatisation.
  • Advising on the establishment of an “inside the fence” 400MW CCGT power station in Romania, together with the associated off take, interconnection and fuel agreements.
  • Advising an investment fund on the disposal of its interest in a gas distribution company.
  • Advising an international financial institution on the introduction of private sector participation by way of competitive tender for a concession to operate the public assets and to provide the public services, currently operated by a major municipal regie autonome, concerned with water supply and sewerage. This has included advising on the privatisation strategy and procedures for inviting tenders for private sector participation and ensuring bankability of all transaction documentation.
  • Advising the Municipality of Bucharest on its negotiations to enter into a concession agreement with a strategic investor for the construction of a water treatment facility on a DBOT basis.
  • Advising the lessor on the establishment by way of lease of a dedicated CCGT generation plant for a large industrial company; advising on and negotiating energy performance contracts.
  • Advising EBRD on introducing private sector participation into the Romanian district heating sector by way of competitive tender for a concession.
  • In conjunction with EBRD, advising EC Phare on reform of the Romanian secured transaction law and concessions law and drafting the norms for implementing that legislation.
  • Advising on the concession of assets by way of competitive tender on behalf of concession authorities and successful concessionaires.
  • Advising on the acquisition of concessions of farming land.
  • Advising on mining concessions, authorisations and associated land use issues.
Energy and Utilities
  • Advising on the acquisition of a nuclear engineering consultancy company;
  • Advising on all aspects of the Romanian legislation on renewable energy, in particular in relation to green certificates for energy generated from renewable sources and electricity generation licences.
  • Advising on two bids to install gas recovery and electricity generation equipment at two municipal landfill sites.
  • Advising a UK investor on all aspects arising from the establishment and operation of its oil drilling business in Romania.
  • Advising a UK company on the development of a project for capturing biogas from a landfill site for the purpose of conversion into electricity.
  • Advising on the acquisition of a Romanian biogas generation company.
  • Advising on several contracts to install generation equipment on municipal waste sites for the purposes of generating electricity from biogas.
  • Advising on joint ventures with Romanian companies which operate concessions for landfill sites.
  • Advising on a contract for the provision of offshore engineering services.
  • Advising on the establishment of a company for leasing of oilfield drilling equipment.
  • Advising a UK company on its joint venture with OMV Petrom.
  • Advising on the establishment of a company engaged in the provision of pumping and lifting equipment for use with oil and gas wells, including on supplies made to OMV Petrom.
  • Advising a UK company on its bid for a Construction Framework Agreement with OMV Petrom.
  • Advising on a bid to supply electricity generators to Romgaz.
  • Advising a British company on the acquisition of a Romanian company, which has all relevant authorisations to develop energy generation from two landfill gas sites. Negotiation of the royalty agreement for the sharing of revenues from the proceeds of sale of electricity.
  • Advising on all aspects relating to the establishment of a Greenfield wind farm in Eastern Romania.
  • Advising British investors considering an investment in the solar energy sector in Eastern Romania.
  • Advising on the sale of green certificates.
  • Advising on the negotiation of off-take agreements.
  • Advising on two bids to install and operate co-generation facilities located on municipal landfill sites.
  • Advising on joint ventures with Romanian companies which operate concessions for landfill sites.
  • Advising on all aspects of a combined heat and power/ co-generation joint venture.
  • Advising on the development of a municipal district heating operation.
  • Advising on the Consortium Agreement for the provision of Owner Engineer Services to the Cernavoda nuclear plant.
  • Advising on a bid under the public procurement legislation to provide services to Cernavoda nuclear power station.
  • Advising on the termination of a public procurement contract with the Romanian Roads Authority
  • Advice on public procurement legislation.
  • Advising the Municipality of Bucharest, under an EBRD funded project, on the preparation of the district heating operations for privatisation.
  • Advising a multinational energy company on the establishment of a gas marketing joint venture and a series of electrical and thermal power projects involving CCGT power facilities. Negotiating gas supply contracts.
  • Advising an American investor on the acquisition of a company having five onshore exploration licences.
  • Advising a Japanese power company on its provision of debt and convertible debt finance to an Independent Power Project, including reviewing the options for taking security and advising on renegotiation of power purchase agreements.
  • Advising the Municipality of Bucharest, under an EBRD funded project, on the preparation of the district heating operations for privatisation.
  • Advising on the establishment of an “inside the fence” 400MW CCGT power station in Romania, together with the associated off take, interconnection and fuel agreements.
  • Advising an investment fund on the disposal of its interest in a gas distribution company.
  • Advising a Ukrainian oil trading company on taking legal action against Rafo S.A, one of the largest Romanian oil refineries.
  • Advising a hydroelectric power engineer on its establishment in Romania and its joint venture negotiations with CONEL.
  • Advising a Texas independent oil company on implementation of its operation agreement in relation to three onshore oil fields in Romania.
  • Advising multinational energy companies on establishing joint ventures in Romania.
  • Advising on power trading issues and the establishment of an electricity trading company.
  • Advising a Romanian cable TV company on raising $ 24 million of funding from an international investment fund.
  • Advising an international financial institution on the introduction of private sector participation by way of competitive tender for a concession to operate the public assets and to provide the public services, currently operated by a major municipal regie autonome, concerned with water supply and sewerage. This has included advising on the privatisation strategy and procedures for inviting tenders for private sector participation and ensuring bankability of all transaction documentation.
  • Advising the Municipality of Bucharest on its negotiations to enter into a concession agreement with a strategic investor for the construction of a water treatment facility on a DBOT basis.
  • Advising the lessor on the establishment by way of lease of a dedicated CCGT generation plant for a large industrial company; advising on and negotiating energy performance contracts.
  • Advising EBRD on introducing private sector participation into the Romanian district heating sector by way of competitive tender for a concession.
  • Advising on the concession of assets by way of competitive tender on behalf of concession authorities and successful concessionaires.
Corporate Restructuring
  • Advising entities undergoing judicial reorganisation in Romania.
  • Advising clients on voluntary liquidation of their activities in Romania.
  • Advising clients on implementing large scale redundancy programmes.
  • Advising purchasers seeking to buy assets from companies in liquidation.
  • Winding up of a slag reduction company.
  • Winding up of a glass processing company.
  • Winding up of a gaming company.
  • Advising creditors seeking to initiate judicial reorganisation and liquidation procedures against their debtors and seeking to maintain their claims as part of such procedures.
  • Advising liquidators in relation to the liquidation of a number of major companies controlled by the Romanian State, advising on sales of businesses and individual asset sales by way of tender and drafting all associated documentation.
Foreign Investment
  • Acting on all aspects of the biggest UK investment in 2004 in Timisoara a foam moulding plant.
  • Acting on the acquisition of an asset valuer.
  • Acting on the acquisition of a wood processing plant.
  • Advising on the establishment of a gaming company.
  • Acting for various multinational companies in their respective acquisitions of, and bids to acquire, Romanian companies from the SOF and other vendors.
  • Advising on the establishment of a lime production manufacturer.
  • Advising on all aspects of the establishment and operations of a major international shipping and transportation company.
  • Advising on the establishment of a fertiliser producer.
  • Advising on the acquisition, by way of tender, of a manufacturing plant.
  • Advising two British companies of the disposals of their interests in a construction services company.
  • Advising a manufacturer on the $100 million greenfield development of a new production facility.
  • Advising on the $ 40 million sale of a food manufacturing facility.
  • Advising a French investor on investing in a pharmaceutical distribution company.
  • Acting for a major multinational company in its acquisition of a Romanian detergent factory and on day to day matters arising from its ongoing business; advising on the reorganisation, by way of merger, of the client’s companies and businesses in Romania.
  • Advising on the restructuring and increased capitalisation of a greenfield Romanian company, and the acquisition of minority shareholdings by the majority shareholder.
  • Advising two clothing manufacturers on multi-million dollar greenfield developments of new production facilities.
  • Advising two British companies on their exit from a joint venture for architectural design services in Romania.
  • Advising on the acquisition of a rolled steel mill.
  • Advising on the sale of a major services company.
  • Advising an Austrian client on structuring its trade finance arrangements in Romania.
  • Establishing a corporate structure and licensing arrangements for the worldwide marketing and distribution of the products of a Romanian pharmaceutical company.
  • Advising on the restructuring and increased capitalisation of a privatised Romanian company, and the acquisition of minority shareholdings by the majority shareholder.
  • Advising on the restructuring of various Romanian companies, including on alteration of corporate status, revision and updating of constitutive documents and alteration of capital structure.
  • Advising on the establishment and incorporation of a wide variety of new businesses and on day to day company, commercial property and employment issues arising for such businesses.
  • Due diligence work in various industries, including a provider of water and sewerage services, general manufacturing, quarrying, steelworks and food processing.
  • Advising on the acquisition and development of greenfield sites for a Danish developer of out of town shopping centers.
  • Registration of trade marks.
  • Advising on the acquisition of a wood panel factory and the establishment of a company benefiting from Disadvantaged Area tax benefits.
  • Acting in relation to the competition issues arising from the need to notify economic concentrations following mergers and acquisitions in Romania.
  • Advising a US cosmetics company on product packaging and licencing requirements.
  • Obtaining fire authorisation and other operational permits.
Insurance
  • Advising UK underwriters on a settlement with a Romanian insurance company.
  • Advising Lloyds of London underwriters on the successful defence of a 7 million Euro insurance claim.
  • Advising London underwriters, Marsh Limited, on the defence of a claim brought by passengers of an airliner involved in a collision at Bucharest airport.
  • Advising Direct Line on the successful defence of a claim for liability in relation to a road traffic accident involving a car registered in the UK.
International Trade

COMING SOON…

Insolvency/Liquidation
  • Advising liquidators in relation to the liquidation of a number of major companies controlled by the Romanian State, advising on sales of businesses and individual asset sales by way of tender and drafting all associated documentation.
  • Advising entities undergoing judicial reorganisation in Romania.
  • Advising clients on voluntary liquidation of their activities in Romania.
  • Advising clients on implementing large scale redundancy programmes.
  • Advising purchasers seeking to buy assets from companies in liquidation.
  • Winding up of a slag reduction company.
  • Winding up of a glass processing company.
  • Winding up of a gaming company.
  • Advising creditors seeking to initiate judicial reorganisation and liquidation procedures against their debtors and seeking to maintain their claims as part of such procedures.
Legal Due Diligence

COMING SOON…

Law Reform

The Firm is well accustomed to advising governmental institutions in Romania through the following projects:

 

  • Advising the Ministry of Health on drafting the secondary legislation implementing the Health Law 2006.
  • Advising, in conjunction with EBRD, the Government of Romania on reform of the concessions law (including advising on drafting the procedural norms for implementing the concession law and for organising invitations for competitive tender to be invited thereunder).
  • Advising the Government of Romania on the law on secured lending.
  • Advising three municipalities on the restructuring of the district heating sector in Romania.
  • Advising the consortium leader on a project to provide technical assistance on privatisation to the SOF.
  • Advising on the amendment of laws on companies and the stock exchange and on related subordinate legislation.
  • Advising the Ministry of Health on drafting the secondary legislation implementing the Health Law and ensuring its compliance with EU Directives.
  • Advising EBRD on the restructuring of the district heating sector in Romania and assessing the scope for EBRD to make investments in this sector.
Import/Export

COMING SOON…

Investment Funds

Based on the firm’s long term experience in Central and Eastern Europe and especially in Romania, the team is able to offer significant experience of acting for foreign investors, including investment funds, in implementing private company share and asset acquisitions and disposals. This has involved various types of acquisition and disposal transaction, including trade and portfolio sales/ purchases, whether through open or closed tenders or by direct negotiation and transactions via the stock exchange and secondary exchanges, including private placements. If the exit strategy so requires, the lawyers in the team also have experience of listing companies on stock exchanges.

  • In all cases, whether acting on the buy or the sell side, we have assisted in identifying and structuring possible exit strategies at the time of the investment, as well as advising on the general legal and regulatory environment relating to the investment/divestment. Subsequent to advising clients on making such investments, we have also acted on implementation of corporate restructuring in preparation for divestment.
    The team’s experience on investment fund transactions in Romania includes:
  • Advising a number of major private investment funds in respect of all aspects of their investments in Romania, including carrying out due diligence, deal structuring (including with a view to identifying exit strategies); preparing all acquisition contracts and corporate transactions, such as capital increases; and a number of disposals of such investments through various exit routes.
  • Acting on fund disposals for Romanian and Moldovian Fund and Romanian Post Privatisation Fund, in the energy, health and computing sectors.
  • Advising an investment fund on the exercise of its pre-emption rights and negotiating the documentation for the $30 million funding of such exercise.
  • Advising a US based investment fund on an acquisition in a pharmaceuticals company.
  • Advising an American investment fund on all aspects of taking a $ 6 million investment in a Romanian mobile phone company through a Cyprus vehicle and on its exit from that investment.
  • Advising investment funds upon minority protection and other aspects of Romanian securities law, including reform of the law.
  • Acting for a financial investment company on its acquisition of a major holding in a privatized Romanian foodstuffs factory.
  • Advising the shareholders in a Romanian cable TV and internet company on raising $ 24 million funding from an international investment fund and on negotiating their exit strategy and suitable “tag” and “drag along” provisions. In this case full commercial representations, warranties and indemnities were required by the purchaser and we negotiated appropriate protective qualifications and disclosures for our clients.
  • Acting for a London-based investment bank on a proposal to privatize a Romanian majority state-owned company by way of a private placing.
  • Advising an investment fund on the disposal of interests in a gas distribution company, a waste recycling business and an internet service provider.
  • Acting for an investment fund on the sale of its shareholding in a Romanian building materials company.
  • Advising on the issues of Romanian law arising in relation to the drafting of a prospectus for an investment fund.
  • Advising a private investment fund in respect of all aspects of its investments in the telecommunications sector in Romania, including carrying out due diligence, preparing all acquisition contracts and corporate transactions, such as capital increases.
  • Advising an investment fund on a disposal in the print/media sector.
  • Advising different sets of shareholders on investment in their companies by an investment fund.
  • Advising on the acquisition of a silicon steel producer.
  • Establishment of an investment fund founded to provide financial assistance to small and medium sized companies.
  • Advising on all relevant stages of transactions involving tenders: developing the procedures for inviting tenders; formulating bidding and evaluation rules and procedures; drafting sales books, information memoranda and all transaction documentation; greenfield and operating data rooms to assist the review process of interested purchasers; assisting with the evaluation of bidders and their offers.

 

Accordingly, the Firm has experience of the commercial perspectives and dynamics of both sides of such transactions and the transaction structures available within the context of currently applicable legislation for implementing acquisitions and disposals and particularly the importance of (i) greenfield and balancing the interests of the transaction parties (which may well involve not only the investment fund, but multiple vendors who may be exiting at the same time or management teams who may need to be locked in by “tag”- and “drag-” along provisions), (ii) identifying practical, creative and commercially oriented solutions to the issues that may arise during the course of any individual transaction and (iii) working to demanding time schedules.

 

From working on such transactions, the Firm also has the following relevant experience:

  • Due diligence/Disclosure exercises The Firm has extensive experience in carrying out due diligence and disclosure style exercises, in a wide variety of industries, including general manufacturing, pharmaceuticals, property, scrap metal trading, infrastructure, information technology, finance, energy, environmental services, agribusiness, hotels and tourism, municipal water and sewerage, quarrying, textiles, steelworks, telecommunications and food processing.
  • Negotiation and preparation of transaction documentation and share and asset sales The Firm has extensive experience in negotiating and drafting all transaction documentation on both the buy and the sell side in connection with investments and disposals by investment funds.
  • Corporate restructuring The Firm has extensive experience in corporate restructuring, should this be required in order to position any particular investee company as part of developing an exit strategy post-investment, for example, involving division or merger of companies and structuring and increase of share capital.

International tax structures Through its past experience in working with investment funds, the team also has experience of the tax aspects arising in relation to Cypriot and Dutch holding companies and need for entry and exit transactions to have properly structured escrow arrangements.

Intellectual Property, Copyright
  • Establishment on an on-line music download business and all applicable licensing issues.

 

  • Establishment of an online casino and gaming business and all applicable licensing issues.

 

Advising on the licensing of software and drafting licence agreements

Litigation, Arbitration and Dispute Resolution
  • Advising on defence of UK underwriters in respect of a Euros 7 million claim brought by insurers in relation to loss of a cargo.
  • Advising a Belgian company on options for recovery of debts totaling Euros 1 million against various debtors.
  • Advising on a claim in arbitration in relation to damage sustained by a Wizzair aircraft due to a defective runway surface at Timisoara Airport.
  • Advising on a claim for enforcement of a guarantee given by a Romanian company.
  • Advising a listed Romanian company on defending insolvency proceedings.
  • Advising London underwriters on the defence of multiple claims brought by passengers of an airliner involved in a collision at Bucharest airport.
  • Advising an Italian fabrics manufacturer on a claim against a Romanian swimwear and lingerie producer.
  • Advising 60 investors on the scope for bringing legal action in the UK against the promoters of a real estate project in Romanian
  • Advising a German insurance company, HDI on the recovery of a contribution from a Romanian insurance company where a shipment was damaged as a result of a road traffic accident.
  • Advising Winsome Romania Srl on judicial reorganisation proceedings; advising directors and shareholders on liability issues.
  • Advising Turkish creditor, Borusan on bringing a claim against a Romanian debtor.
  • Advising Singaporean insurer, NTUC in an insurance claim involving the Romanian Ministry of Finance and the Ministry of Foreign Affairs.
  • Advising on claims to set aside fraudulent transactions carried out by a director of a Romanian company.
  • Advising the shareholders of a Romanian company on the removal of an administrator and shareholder.
  • Advising buyers in various real estate projects on taking legal action for the recovery of their deposits from the developers.
  • Advising creditors on participating in the insolvent winding-up of various Romanian companies.
  • Acting on the enforcement of a judgment obtained from a UK Employment Tribunal.
  • Advising Provis Energy on a landlord and tenant dispute.
  • Acting for a director of a company to defend charges of fraud and fiscal evasion.
  • Advising Roughton International PLC on a claim for payment of 250,000 Euros from its joint venture partner.
  • Advising British shareholders in a cash dispensing equipment business on a shareholder dispute with a Greek investment firm.
  • Advising on arbitration proceedings brought against the Central Contracts and Finance Unit of the Romanian Ministry of Finance.
  • Advising on multiple claims against the retail purchasers of the products of Best Distribution, the market leader in DVD and game distribution.
  • Advising on defending a claim brought by a Romanian clothing manufacturer for the non-payment of goods delivered late.
  • Advising on the enforcement of a UK judgment against the Business Media Group and a parallel claim for insolvency of Business Media Group, the largest English language media group in Romania.
  • Advising Azulev, a Spanish tile manufacturer, on multiple debt recovery claims in Romania.
  • Advising as the Romanian law expert in a personal injury claim of a person injured on a vessel in the Danube Delta in UK court proceedings.
  • Advising GHCL Upsom SA on various debt recovery cases.
  • Advising Wynnwith Limited on settlement of a dispute over the recruitment of a pilot for an airline.
  • Advising IZB CARGO & Co. GmbH on a claim to recover funds transferred erroneously by a bank and on Romanian issues relating to a sequester over a vessel owned by the debtor.
  • Advising GHCL Upsom on the termination of employment of 700 employees. Advising directors and shareholders on liability issues.
  • Advising on a claim for restitution of Euros 150,000.
  • Advising a Spanish real estate developer on defending litigation brought by a minority shareholder for the dissolution of a company owning 20 million euros worth of land.
  • Advising a Chinese shipping company on its claim of 800,000 USD from an agent in Romania.
  • Advising a listed Romanian company on the successful defence against a claim for insolvency.
  • Advising First Direct on the defence of an insurance claim.
  • Advising on successful recovery of a debt of Euros 30,000.
  • Advising on litigation to secure the recovery of control of five subsidiaries in Romania. advising on options for recovery of debts totaling Euros 1 million against various debtors.
  • Advising 60 investors on the scope for bringing legal action against the promoters of a real estate project in Romanian.
  • Advising on the settlement of a Euros 1 million personal injury claim arising from a road traffic accident.
  • Advising Philips Lighting Poland, a lighting manufacturer, on a claim against a Romanian subcontractor.
  • Advising Roughton Limited on a claim against the National Roads Authority.
  • Advising various underwriters on the defence of insurance claims in Romania.
  • Advising German steel producer, Primex GmbH, on a claim against a Romanian debtor.
  • Advising investors in Broughton Avanti SRL on the exit from their investment in a farm in Eastern Romania.
  • Advising a Spanish investor on the development of a Greenfield manufacturing facility in Timisoara.
  • Advising on legal actions brought by purchasers against developers of off-plan residential blocks.
  • Advising Unit Export Limited on arbitration proceedings brought against the Central Contracts and Finance Unit of the Romanian Ministry of Finance in a case concerning the application of liquidated damages and penalty clauses.
  • Advising a Spanish real estate developer on defending litigation brought by a minority shareholder for the dissolution of a company owning 20 million euros worth of land.
  • Advising Belle Maison Interiors Limited on defending a claim brought by a Romanian supplier of furniture.
  • Advising a listed Romanian company on the defence of a claim for insolvency.
  • Advising Lyle and Scott on defending a claim brought by a Romanian clothing manufacturer.
  • Advising British Airways on the contestation to a fine imposed by the Consumer Protection Authority.
  • Advising Jordan Construction Materials on a $500,000 misrepresentation claim against a Romanian shipbroker for the issue of fraudulent bills of lading.
  • Representing Jotun Polska s.p.o of Poland on the enforcement of a judgment debt against Navol SA, a Romanian shipyard.
  • Advising Winsome Romania Srl on initiating judicial reorganisation proceedings; advising directors and shareholders on liability issues.
  • Advising Cashpoint Card Systems SRL on initiating a winding up and defence of actions brought by creditors.
  • Advising Global Wealth Managers on a refund programme for investors in two off-plan real estate developments in Romania.
  • Advising Geodis on the service of proceedings on the Romanian transporter of goods and on the scope for joining the Romanian party and its insurer to the proceedings.
  • Advising Gateway Shipping Limited on the recovery of goods seized by the Romanian custom authorities.
  • Advising the Future for Children Foundation on a planning approval dispute.
  • Advising GHCL Upsom SA on various debt recovery cases.
  • Acting for a director of a company to defend charges of fraud and fiscal evasion.
  • Advising a director on bringing a claim for unfair dismissal against a major multi-national company.
  • Acting on the enforcement of a judgment obtained from a UK Employment Tribunal.
  • Defence of a shareholder / director against proceedings brought by a judicial liquidator for a contribution to a corporate bankruptcy.
  • Advising Helicopter Rental Group on bringing a claim for the winding up of Cobrex SA.
  • Advising a UK-based shareholder/ director on defending proceedings brought by a judicial liquidator of a Romanian company for a contribution to a corporate bankruptcy.
  • Advising a bank on the termination of the employment of a vice-president of the bank.
  • Acting for Flite Partners on the recovery of a debt from Blue Air.
  • Acting for Vikomar AS on the recovery of a debt.
  • Advising Roughton International SRL on a dispute with a sub-contractor over intellectual property rights.
  • Advising a German insurance company on the recovery of a contribution from a Romanian insurance company.
  • Assisting Romanian companies in successful claims in litigation/arbitration proceedings against Western trading partners.
  • Assisting international and Romanian clients in a wide variety of litigation cases, including arbitrations, lease disputes and debt recovery cases.
  • Advising on a successful claim in arbitration in the Hague against the Romanian Government by a Polish investor for discriminatory treatment of the investor.
  • Advising Lloyds of London underwriters on the successful defence of a 7 million Euro insurance claim.
  • Acting for a claimant in a $7 million oil trading dispute involving Rafo SA.
  • Acting for a Dutch client on a claim for $500,000 owed by a Romanian State company.
  • Acting for a director of a company to defend charges of fraud and fiscal evasion.
  • Advising on numerous shareholder litigations.
  • Assisting clients in a number of lease disputes and debt recovery cases.
  • Advising on a successful challenge to the rejection of registration of a trade mark.
  • Advising on litigation against Romanian company directors and managers.
  • Advising on the enforcement of mortgages and pledges.
  • Advising on a dispute between international airlines and the Bucharest airport authority.
  • Advising on options for bringing legal actions against Romanian companies over television rights in the sports sector.
  • Advising a UK company in relation to the termination of its Romanian General Manager and conducting the successful labour litigation.
  • Advising a Dutch investor on taking legal action for default under a loan made to a Romanian metal manufacturing company.
  • Taking statements from witnesses involved in legal proceedings in the United Kingdom and Hong Kong; arranging video interviews of witnesses.
  • Advising Lloyds underwriters on negotiating a settlement of a claim with a Romanian insurance company.
  • Advising on debt recovery from Romanian companies.
  • Advising on the defence of foreign citizens against extradition proceedings brought by the State of Romania.
  • Advising clients on bringing and defending proceedings in bankruptcy/judicial reorganisation.
  • Advising on legal actions against Romanian State institutions for contentious administration.
Project Financing/Public Private Partnerships
  • Advising an American investor on the acquisition of a company having five onshore exploration licences.
  • Advising a Japanese power company on its provision of debt and convertible debt finance to an Independent Power Project, including reviewing the options for taking security and advising on renegotiation of power purchase agreements.
  • Advising the Municipality of Bucharest, under an EBRD funded project, on the preparation of the district heating operations for privatisation.
  • Advising on the establishment of an “inside the fence” 400MW CCGT power station in Romania, together with the associated off take, interconnection and fuel agreements.
  • Advising an investment fund on the disposal of its interest in a gas distribution company.
  • Advising an international financial institution on the introduction of private sector participation by way of competitive tender for a concession to operate the public assets and to provide the public services, currently operated by a major municipal regie autonome, concerned with water supply and sewerage. This has included advising on the privatisation strategy and procedures for inviting tenders for private sector participation and ensuring bankability of all transaction documentation.
  • Advising the Municipality of Bucharest on its negotiations to enter into a concession agreement with a strategic investor for the construction of a water treatment facility on a DBOT basis.
  • Advising the lessor on the establishment by way of lease of a dedicated CCGT generation plant for a large industrial company; advising on and negotiating energy performance contracts.
  • Advising EBRD on introducing private sector participation into the Romanian district heating sector by way of competitive tender for a concession.
  • Advising a multinational energy company on the establishment of a gas marketing joint venture and a series of electrical and thermal power projects involving CCGT power facilities. Negotiating gas supply contracts.
  • Advising a hydroelectric power engineer on its establishment in Romania and its joint venture negotiations with CONEL.
  • Advising a Texas independent oil company on implementation of its operation agreement in relation to three onshore oil fields in Romania.
  • Advising multinational energy companies on establishing joint ventures in Romania.
  • In conjunction with EBRD, advising EC Phare on reform of the Romanian secured transaction law and concessions law and drafting the norms for implementing that legislation.
  • Advising on the concession of assets by way of competitive tender on behalf of concession authorities and successful concessionaires.
Mergers, Acquisitions and Disposals

Based on the firm’s long term experience in Central and Eastern Europe and especially in Romania, the team is able to offer significant experience of acting for foreign investors, including investment funds, in implementing private company share and asset acquisitions and disposals. This has involved various types of acquisition and disposal transaction, including trade and portfolio sales/ purchases, whether through open or closed tenders or by direct negotiation and transactions via the stock exchange and secondary exchanges, including private placements. If the exit strategy so requires, the lawyers in the team also have experience of listing companies on stock exchanges.

 

In all cases, whether acting on the buy or the sell side, we have assisted in identifying and structuring possible exit strategies at the time of the investment, as well as advising on the general legal and regulatory environment relating to the investment/divestment. Subsequent to advising clients on making such investments, we have also acted on implementation of corporate restructuring in preparation for divestment.

The team’s experience on investment fund transactions in Romania includes:

 

  • Advising a number of major private investment funds in respect of all aspects of their investments in Romania, including carrying out due diligence, deal structuring (including with a view to identifying exit strategies); preparing all acquisition contracts and corporate transactions, such as capital increases; and a number of disposals of such investments through various exit routes.

 

  • Advising an investment fund on the exercise of its pre-emption rights and negotiating the documentation for the $30 million funding of such exercise.

 

  • Advising a US based investment fund on an acquisition in a pharmaceuticals company.

 

  • Advising an American investment fund on all aspects of taking a $ 6 million investment in a Romanian mobile phone company through a Cyprus vehicle and on its exit from that investment.

 

  • Advising investment funds upon minority protection and other aspects of Romanian securities law, including reform of the law.

 

  • Acting for a financial investment company on its acquisition of a major holding in a privatized Romanian foodstuffs factory.

 

  • Advising the shareholders in a Romanian cable TV and internet company on raising $ 24 million funding from an international investment fund and on negotiating their exit strategy and suitable “tag” and “drag along” provisions. In this case full commercial representations, warranties and indemnities were required by the purchaser and we negotiated appropriate protective qualifications and disclosures for our clients.

 

  • Acting for a London-based investment bank on a proposal to privatize a Romanian majority state-owned company by way of a private placing.

 

  • Advising an investment fund on the disposal of interests in a gas distribution company, a waste recycling business and an internet service provider.

 

  • Acting for an investment fund on the sale of its shareholding in a Romanian building materials company.

 

  • Advising on the issues of Romanian law arising in relation to the drafting of a prospectus for an investment fund.
  • Advising a private investment fund in respect of all aspects of its investments in the telecommunications sector in Romania, including carrying out due diligence, preparing all acquisition contracts and corporate transactions, such as capital increases.

 

  • Advising an investment fund on a disposal in the print/media sector.

 

  • Advising different sets of shareholders on investment in their companies by an investment fund.

 

  • Advising on the acquisition of a silicon steel producer.

 

  • Establishment of an investment fund founded to provide financial assistance to small and medium sized companies.

 

  • Advising on all relevant stages of transactions involving tenders: developing the procedures for inviting tenders; formulating bidding and evaluation rules and procedures; drafting sales books, information memoranda and all transaction documentation; greenfield and operating data rooms to assist the review process of interested purchasers; assisting with the evaluation of bidders and their offers.

 

  • Accordingly, the Firm has experience of the commercial perspectives and dynamics of both sides of such transactions and the transaction structures available within the context of currently applicable legislation for implementing acquisitions and disposals and particularly the importance of (i) greenfield and balancing the interests of the transaction parties (which may well involve not only the investment fund, but multiple vendors who may be exiting at the same time or management teams who may need to be locked in by “tag”- and “drag-” along provisions), (ii) identifying practical, creative and commercially oriented solutions to the issues that may arise during the course of any individual transaction and (iii) working to demanding time schedules. From working on such transactions, the Firm also has the following relevant experience:

 

  • Due diligence/Disclosure exercises The Firm has extensive experience in carrying out due diligence and disclosure style exercises, in a wide variety of industries, including general manufacturing, pharmaceuticals, property, scrap metal trading, infrastructure, information technology, finance, energy, environmental services, agribusiness, hotels and tourism, municipal water and sewerage, quarrying, textiles, steelworks, telecommunications and food processing.

 

  • Negotiation and preparation of transaction documentation and share and asset sales The Firm has extensive experience in negotiating and drafting all transaction documentation on both the buy and the sell side in connection with investments and disposals by investment funds.

 

  • Corporate restructuring The Firm has extensive experience in corporate restructuring, should this be required in order to position any particular investee company as part of developing an exit strategy post-investment, for example, involving division or merger of companies and structuring and increase of share capital.

 

International tax structures Through its past experience in working with investment funds, the team also has experience of the tax aspects arising in relation to Cypriot and Dutch holding companies and need for entry and exit transactions to have properly structured escrow arrangements.

 

In all cases, whether acting on the buy or the sell side, we have assisted in identifying and structuring possible exit strategies at the time of the investment, as well as advising on the general legal and regulatory environment relating to the investment/divestment. Subsequent to advising clients on making such investments, we have also acted on implementation of corporate restructuring in preparation for divestment.

Privatization

The Firm has participated in the following projects, which have involved preparation of privatisation/ restructuring transactions on the “sell” side:

 

  • Advising, in conjunction with several of the “Big 5” accounting firms, on the liquidations and reorganisations of a series of major State-owned companies controlled by the Romanian State Ownership Fund, including advising on sales of businesses and individual asset sales by way of tender and drafting all associated documentation.
  • Advising the Municipality of Bucharest on the preparation of RADET, the Bucharest hot water supplier, for the introduction of private sector involvement via public private partnership offered via competitive tender.
  • Advising IFC and the Municipality of Bucharest on all aspects of structuring the privatisation, by way of concession, of the water and sewerage services of the City of Bucharest. This project, which will involve investment of up to $ 1 billion, included:

– an extensive due diligence exercise;

– establishment and operation of data rooms for permitting investor due diligence;

– developing the privatisation strategy by way of competitive tender procedures (with prequalification phase) for attracting international strategic investors;

– preparing all associated documentation, including the transaction contracts, the procedures for inviting tenders for private sector participation, (including drafting prequalification and bidding rules). The project has involved drafting the concession and supporting documents, so as to ensure bankability of the concession;

– the establishment of the concession company with in kind contributions of the municipality’s private assets and the subscription of the strategic investor of further capital increases.

– advising on all issues raised by the privatisation process, in particular issues arising under the law of Public Patrimony, under the Law on Competition, tariff issues under the pricing regulations and levels of service requirements.

  • Advising on the restructuring of various state-owned Romanian companies, including on alteration of corporate status, revision and updating of constitutive documents and alteration of capital structure.
  • Advising on bids to provide technical design services to OMV Petrom for construction works for marine modules in the exploitation area of marine subsurface resources.

 

The Firm also has the following experience of acting on the “buy” side:

  • Advising on the acquisition of a lime quarry company from AVAS.
  • Advising on a bid to acquire a ship parts manufacturer from AVAS.
  • Advising on the privatisation of three medium-sized state enterprises.
  • Advising on a bid to acquire, through privatisation, a Romanian steel company.
  • Advising on a bid for a concession of a water and sewerage service in Constanta, including all applicable regulatory and licencing issues.
  • Advising on a bid to obtain a concession to operate airport shopping facilities.
  • Advising a Dutch investor on its negotiations with the State Privatisation Agency to acquire control of a manufacturer of heavy equipment for ships.

 

The Firm, accordingly, has experience in negotiating on both the buy and the sell side in connection with privatisations, investments and disposals by way of purchases and sales of shares and of assets and thereby has experience of the perspectives of both the Romanian privatization authorities and international investors in such transactions.

Mediations/Arbitrations
  • Assisting Romanian companies in successful claims in litigation/arbitration proceedings against Western trading partners.

 

  • Assisting international and Romanian clients in a wide variety of litigation cases, including arbitrations, lease disputes and debt recovery cases.

 

  • Advising on a successful claim in arbitration in the Hague against the Romanian Government by a Polish investor for discriminatory treatment of the investor.
Real Estate

Romania has become a very active and popular real estate market in the last few years and Stabb & Partners has developed its real estate practice to meet the high levels of demand from our clients.

 

The key focuses of our Corporate Real Estate practice are:

  • advising developers on acquiring land for the purpose of development as residential and commercial/ retail developments;
  • advising constructors, sub-contractors and architects on structuring their contractual relations with the developers of projects in Romania;
  • advising purchasers of investment properties in Romania; and
  • advising funds establishing real estate investment funds.

 

Examples of our experience in the property sector include:

  • Acquisition for a UK investor of (i) a warehouse and (ii) a 30000 sqm land for development in Constanta County
  • Advising a Belgian listed company on the acquisition of land for the development of a plastic bottle manufacturing facility and the re-zoning of the land.
  • Advising Amec PLC on the lease of new office premises for the Romanian subsidiary.
  • Advising  British Airways PLC on the lease of  new office premises.
  • Advising Loventor Limited on bringing a claim for insolvency against the real estate developer Monteign and actions against its director.
  • Carrying out due diligence on an extensive farm located in Craiova. The target company held extensive areas of land held under more than 1000 leases.
  • Advising ARK Foundation on due diligence on 36 properties in Romania and advising on all real estate issues arising in relation to a further programme of purchases. 
  • Advising one of the leading developers in Tirgoviste on the demerger of its construction and land trading activities, the sale of land at Sinaia and the purchase of land in Tirgoviste.
  • Advising clients of Obelisk International on purchases of 75 units in the Cluj Fontana development.
  • Advising on a project for development of a Hilton Gardens hotel in Brasov.
  • Advising the Spanish real estate developer, Hisparom Imobiliare on its project to develop 20000 sqm in Central Bucharest.
  • Advising multiple off-plan purchasers in the Swiss Cottage and Sunrise developments in Bucharest.
  • Advising multiple off-plan purchasers in the Seaview and Oasis Residence developments on the Romanian Black Sea Coast.
  • Advising on the dissolution of a property holding company.
  • Acting for multiple buyers of apartments in the Bellevue development in Iasi.
  • Advising on legal actions brought by purchasers against developers of off-plan residential blocks.
  • Advising Duptor Property SRL on the acquisition of land at Mangalia.
  • Advising on a claim for recovery of a deposit due to late delivery of the Greenfields development in Bucharest.
  • Advising the purchasers of 20 apartments in the Sun City development in Cluj on protecting their interests following the insolvency of the developer.
  • Advising a British investor on the restructuring of three property holding vehicles in Romania.
  • Advising the developer of the Apple Towers development in Cluj, Romania.
  • Advising Romania Real Estate UK Limited/ Ioan & Lewis SRL on the acquisition of land in and around Bucharest and subsequent development and sale of apartments on the land for a British investor.
  • Acting for LIVE Overseas in assisting the first 300 buyers of residential apartments in the first phase in a 2000 unit development and purchasers of 80 retail and distribution units in a business park development.
  • Advising the purchasers of 20 apartments in the Sun City development in Cluj
  • Advising the purchasers of 75 apartments in the Fontana development in Cluj.
  • Advising a Spanish investor on a title dispute in Cluj.
  • Advising the Future for Children Foundation on a planning approval dispute 
  • Devising a tax planning strategy for the owner of a real estate business.
  • Advising the National Christian Foundation of America on a tax-driven transfer of a property for use as a church
  • Advising on legal actions brought by purchasers against developers of off-plan residential blocks.
  • Advising Duptor Property SRL on the acquisition of land at Mangalia. 
  • Advising Obelisk International on the development of a hotel in Brasov
  • Advising Property Partner International and its clients on their real estate investments in Romania.
  • Advising multiple off-plan purchasers in the Seaview and Oasis Residence developments on the Romanian Black Sea Coast.
  • Advising on the acquisition of a new production facility for the plastic packaging.
  • Advising on all aspects of exiting from real estate investments in Romania.
  • Advising a British investor on the restructuring of three property holding vehicles in Romania.
  • Due diligence and subsequent acquisition of three plots for extensive residential developments for the Spanish developer.
  • Advising on the establishment of a construction company for a large Korean construction company.
  • Advising on the acquisition of apartments and the common areas in an aparthotel.
  • Acquisition of land in Bucharest and subsequent development of apartments on the land for a British investor.
  • Carrying out due diligence on a concession of an extensive farm located in the Danube Delta.
  • Acquisition of various plots of land for development as tourist facilities on the Romanian Black Sea coast and in Transilvania.
  • Advising the architects on the Basarabia project in Bucharest on negotiating contracts with all relevant subcontractors and the developer of the project.
  • Advising a Turkish developer on the acquisition of two plots of land for a hotel and for a warehouse facility.
  • Acquisition of real estate for Irish investors.
  • Advising a Belgian lime company on the options for taking a concession to carry out mining activities on land.
  • Advising on numerous acquisitions in the property for the purpose of “buy-to-let” sector and property development.
  • Advising on the acquisition and development of greenfield sites for manufacturing clients.
  • Advising on the acquisition of a concession of a free zone port terminal facility.
  • Advising property developers on a series of out-of-town shopping centre developments.
  • Advising on the acquisition and sale of business and residential properties.
  • Advising on the lease of business and residential properties.
  • Advising on the acquisition of a hotel chain and a casino.
  • Advising on the development of business centres in urban areas and all associated construction and suppliers’ documentation.
  • Acting on the acquisition of two gypsum quarries.
  • Advising a Turkish property group on issues with local authorities on gas and electricity pipelines.
Shipping & Transportation
  • Acting on three sales of vessels produced in Romanian shipyards.
  • Advising on bareboat contracts for Romanian fishing vessels.
  • Advising on the acquisition of hulls constructed in Romanian shipyards.
  • Advising on a possible bid for Constanta yard.
  • Advising a Romanian company on the charter of a tanker.
  • Advising on the sale of ships by Romanian shipyards.
Telecommunications, Media and IT

Advising a client on its investment in a mobile telephone company.

 

  • Advising on the buyout of a telecommunications equipment provider.
  • Advising on the establishment of a company selling telecommunications and wireless technology.
  • Advising a client on its bid for a GSM licence in Romania, including advising on all associated regulatory aspects.
  • Advising American investors in Hungary in a regional telephone company in its successful bid for a concession under the Telecommunications Act. This involved drafting the joint venture agreement, advising on the obtaining of a concession and other required licences.
  • Advising a Canadian investor on the establishment of an on-line service for music downloads, in particular all associated copyright and intellectual property implications.
  • Advising on an audit of a Romanian company’s intellectual property rights and licenses.
  • Advising a UK currency trading platform on the Romanian law applicable to crypto-currencies.
  • Advising an Australian franchisor on all aspects of protecting its intellectual property in Romania.
  • Advising on the establishment of an internet marketing directory.
  • Advising on the establishment of an outsourcing operation in Romania.
  • Advising on negotiation of contracts with the Romanian partners for a telemarketing business.
  • Advising a Belgian company specializing in inbound VoIP services on development of its operations in Romania

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