Energy and Natural Resources
We pride ourselves on being the law firm in the top choice of clients for the Energy and Natural Resources practice area, advising global key clients, both local and international, on legal matters from regulatory to project finance for mining, green energy and electricity sectors.
Our law firm has a strong background in providing custom legal advice, through establishing close working relationships with our clients, in sense of knowing them by understanding how they underwrite, document and manage their business.
We advise clients activating in Natural Resources – Mining Sector with legal aspects concerning: regulatory in relation to permits/licenses/authorizations, transfer of mining licenses, major financings, corporate/M&A projects, various types of contracts used in natural resources procurement, sale and purchase of ore concentrates (copper, zinc, gold, etc.), development work, environmental law and so on. Also, we successfully represent in complex litigation cases global key players in the Mining Sector.
We advise clients activating in Renewable Energy Sector with legal aspects concerning: regulatory advice in relation to permits, licenses/authorizations, incentives schemes, joint ventures for establishing renewable energy projects, specific contracts, accreditation procedure, to mention a few.
We advise clients activating in Electricity Sector with legal aspects concerning: regulatory advice on (setting up, generation, transmission and distribution), advice in relation to permits, licenses, specific contracts, major M&A and restructuring projects, energy infrastructure projects, to mention a few.
- Regulatory Compliance
- Consultation on Primary and Secondary Legislation
- Project Finance
- Cross-border Transactions
- Joint Ventures
- Structuring & Negotiation of Agreements
- Specific Due Diligence
- Regulatory advice on Permits/Licenses/Authorizations in Natural Resources – Mining Sector
- Regulatory advice on Electricity Services (setting up, generation, transmission and distribution)
- Legal advice on Renewable Energy Projects (development & operation)
- Regulatory advice on Permits/Licenses in Renewable Energy Sector
International Financial Law Review IFLR1000 – 2020
Corporate and M&A, Banking and Finance,
Highly regarded lawyer expertise in Real estate, Restructuring and Insolvency and Banking practice area
This year, the law firm was ranked among the best companies in Romania in Banking and Finance practice area. At the same time, IFLR1000 recognized the results obtained by Pavel, Margarit and Associates Romanian Law Firm within the Corporate practice area. This is the fourth year in a row that the famous publication recognizes the results obtained by the lawyers from Pavel, Margarit & Associates Romanian Law Firm.
IFLR1000 specialists note that “Pavel Margarit & Associates specializes in the minerals sector advising foreign mining and development companies on both corporate transactions and project work. The research period saw the firm act on acquisitions, financings and restructurings for international mining groups. It also provided regulatory advice concerning mining explorations and operations in Romania. Elsewhere, work in real estate and financial sectors also kept the firm busy”.
At the same time, IFLR 1000 ranked Radu Pavel, the Managing Partner of Pavel, Margarit & Associates Romanian Law Firm, as Highly regarded lawyer for his expertise in Real estate, Restructuring and insolvency and Banking practice area.
- Assisted the biggest foreign investor in Romanian mining industry, a leading AIM listed company focused in Zimbabwe, Zambia and other jurisdictions, with operations in mineral resources and gold exploration, in a transaction regarding a Prepayment Agreement. Pursuant to this agreement, the buyer, Mercuria Energy Trading, one of the largest integrated energy and commodity trading companies in the world, agreed to prepay an amount of up to USD 9.5 MIL, to our client in consideration for future deliveries of zinc, and copper concentrates from our client’s subsidiaries in Romania. We have drafted a legal opinion regarding the capacity and natural resources and regulatory matters of our clients’ subsidiaries to enter into the transaction; we performed the revision of the environmental authorization, the water management authorization, we advised regarding the exploitation license and the exploration program from National Agency for Mineral Resources (NARM). Also, we drafted a legal opinion regarding our client’s capacity, power and authority to execute, deliver and perform the commercial contracts to deliver ore concentrates and in relation to the applicable regulatory requirements set by domestic and EU-law in the area and energy law, as well as in the regulatory field. (USD 13,000,000)
- Assisted an AIM-listed mining company, the only operating investor in the mining industry in Romania, in a financing agreement concluded with a British private equity fund, based on a Bond Issuance Deed program, according to which the client should receive the bonds in four tranches, with the first one amounting to over USD 7,000,000 MIL. Apart from the corporate and banking assistance provided, we dealt with all the procedural steps and liaised with the relevant authorities in the natural resources field, reviewing and negotiating the underlying documentation for completing the transfer of the ore concentrate. In addition to that, we advised in matters pertaining to exploration license and aspects pertaining to the NAMR (National Agency for Mineral Resources) and in terms of structuring of the transaction, reviewing the documentation and authorizations and drafting the afferent agreements. (USD 15,000,000)
- Assisted a leading U.K. mining company with operations in Romania, in a multimillion joint venture agreement with a Romanian state-owned company, in order to operate under the exploitation license of the latter. We advised on the procedural steps and liaised with the relevant authorities in the energy sector and the applicable regulatory requirements set out by Romanian law in the area of corporate and energy and prepared the documentation required for obtaining the license and permits for exploitation. In addition to that, we assisted with the structuring of the transaction, reviewing the documentation and authorizations and drafting the afferent agreements, advising in all stages of the project. (EUR 10,000,000)
- Assisted a UK mining company, in the partial acquisition of a mining company in Romania. Our services included the analysis of the operating license and assistance with obtaining the necessary authorizations, liaising on behalf of AP with the relevant authorities, such as NAMR (National Agency for Mineral Resources), dealing with all regulatory and compliance matters pertaining to corporate and mining legislation matters. In addition to that, we drafted legal opinions and advised on trading, operational and exploration strategies and dealt with all the applicable requirements set out by the Romanian law, in terms of both corporate and energy. (EUR 4,000,000)
- Assisted a major company in the domain of ore extraction, part of a well-known group with a high reputation on the international market in some litigation files. Our services include day-to-day consultancy, cross border mining regulations, apart from dealing with all Dispute Resolution related matters, advice and assistance with regulatory and compliance related matters, assistance with issues pertaining to NAMR (National Agency for Mineral Resources), such as permits and licenses. (EUR 2,500,000)
- Assisted a leading UK company operating in the mineral resources and gold exploration, in the acquisition of 100% of a Romanian gold exploration company. Our services included the analysis of the operating license and assistance with obtaining the necessary authorizations, liaising on behalf of the client with the relevant authorities, such as NAMR (National Agency for Mineral Resources), dealing with all regulatory and compliance matters pertaining to corporate and mining legislation matters. In addition to that, we drafted legal opinions and advised on trading, operational and exploration strategies. (USD 2,000,000)
- Assisted a company active in the mineral resources and gold exploration, in setting up operations in Romania, a Romanian mining subsidiary in association with one major Romanian construction and exploration company. Our legal services included the opening of mining activities in Romania, assisting with all the procedural steps and liaising with the relevant authorities in the energy field for obtaining the authorizations and permits for exploration. In addition to that, we dealt with all the applicable regulatory matters pertaining to the requirements set out by Romanian law, in terms of both corporate and energy. (EUR 1,000,000)
- Assisted a leader in the logistics service industry in Europe, with main offices in Greece, with all regulatory and compliance matters pertaining from the opening of its activities in Romania in gas trading. Our services included drafting a legal opinion on the legal provisions regarding the trading of gas and the fiscal implications of logistics services and a legal opinion on the cross-border trading of gas, also drafting a special transportation agreement. In addition to that, we advised with regard to the applicable regulatory requirements as set out by Romanian law, in the corporate and energy area, the price fixing as regulated by the Romanian Energy Regulatory Authority (ANRE) and the operational strategies. (EUR 800,000)
- Assisted a leading Italian water and heat metering tools producer (including its Romanian distribution subsidiary), with regard to an energy infrastructure agreement concluded with one the of the major Austrian construction companies and a top construction equipment producer. We advised with all regulatory matters and general assessments of the energy infrastructure market, as well as the legal actions that may be taken in the event a dispute may arise concerning the client’s liability for the supply of products with hidden defects that may be filed by companies. (EUR 500,000)
- Assisted the biggest water supplier in Germany, an affiliate enterprise to a leading international energy and environmental services provider from Austria, dealing in the supply of electricity, gas, heat, water, thermal waste utilization and associated services, in relation to the company`s day-to-day operations and various regulatory matters. In order to support the client`s business in Romania, we offer integrated services of legal monitoring the environmental law, in particular, but not limited to: water law, waste law, plant safety law, soil protection law, construction law, energy use law, nature, plant and animal protection law, accident prevention and disaster control law, chemicals law, industrial safety law, fire protection law, electrical safety law.
- Assisted a leading UK AIM listed company, with operations in mineral resources and gold exploration, in setting-up a new Romanian mining subsidiary in association with one major Romanian construction and exploration company. We assisted with the opening of mining activities in Romania, assisting the client with procedural steps and liaising with the relevant authorities in the energy field, assisting the client in relation to the applicable regulatory requirements set by domestic law in the areas of corporate and energy field.
- Assisting a leading Italian energy player in the acquisition of a photovoltaic Project in Braila County, Romania. The acquisition was conditioned by the obligation of the seller to obtain all the authorizations required and the license of energy supplier. We assisted the client on the regulatory issues, concession, electricity agreements, licensing, public procurement regime in the electricity sector, legal review on the electricity supply-related assets and contracts, assisting the client with procedural steps and liaising with the relevant authorities in the energy field, advising on regulatory framework in mining and regarding compliance matters.
- Assisted a former state-owned Romanian mining company, with company’s day-to-day activity, including regulatory matters, mining due diligence matters, transaction structuring, compliance matters, corporate and mining legislation, contracts, negotiations with investors. The assistance also involved obtaining the authorizations and relevant documentation to connect the mine to the national grid, advising on legal regime of the ownership rights over the assets in the electricity sector, concessions, licensing.