Specialization

Our knowledge and experience are Your success

MGS LAW Law Firm has been mainly engaged in the assistance of businesses active in diverse areas of the economy. Herein in the below descriptions we present the activities of our specialised sections.

• Development and analyses of business models as well as contracts in the field of the energy market including contract models for the sales of electric energy and gas as well as contracts in the wholesale market (embracing EFET standards amongst others);
• Negotiation and elaboration of PPA and cPPA contracts of the physical contract type as well as on-grid and virtual types, together with accompanying contracts (Direct Agreements) with financial institutions;
• Development of contract templates and models in the “As A Service” scheme together with the analysis of regulation hazards and elements connected with financing;
• Support at the implementation of new regulations (of such like the REMIT ordinance, the MIFID2 directive and the EMIR and MAR ordinances amongst others);
• Full spectrum of legal consulting related to the energy market from energy production to its sale to the end consumer including consulting in the process of dealer swapping;
• Consulting in the field of implementation of retail market products (bundle, prosumers, dedicated offers);
• Preparation of contracts for energy trading companies in relevance to their relations with producers, prosumers inclusive;
• Running proceedings before the electric energy, gas and heat engineering market regulators (URE, tariffs, concessions, permissions, litigations, proceedings at OUKiK);
• Legal advice for energy production entities, in the field of CHP, OZE inclusive (onshore wind, PV, diffuse microgeneration);
• Contracts and legal models development in the field of the LPG and LNG trading markets – also with the use of hydrogen;
• Legal advice in the field of property rights trade from certificates of origin in the polish market, inclusive representations before the President of URE in the proceedings related to the issuing of these certificates;
• Legal models of development for the industry in the field of power engineering infrastructure management;
• Training in the field of energy law for the power engineering sector as well as for others interested in the subject;
• Legal support for the lighting and electro-mobility sectors;
• Implementation of transformative projects for various sectors within the power engineering industry;
• Hydrogen economy [LINK to subpage];
• Administration and legal aspects of the construction of offshore wind energy installations;
• Support for companies in the field of compliance with health and safety regulations during the construction and operation of offshore wind energy installations;
• Claims management.

• Full legal support in the field of commercial companies law;
• Consulting in the determination of the right scheme to run a business;
• Preparation of statutes, companies agreements and other corporation documents;
• Consulting and legal support relevant to alterations of companies agreements and statutes including the amount of share capital;
• Consulting and legal support regarding matters relevant to selling, loads and redemption of stocks and company shares, personal changes in companies’ boards, companies dissolutions and liquidations as well as all commercial law companies activities;
• Legal support for shareholders meetings, general shareholders meetings as well as other commercial law companies bodies;
• Current legal advice relevant to the Client’s corporate activity aspects particularly in regards to the preparation of company bodies resolutions;
• Corporate governance;
• Comprehensive preparation and accomplishment of companies reorganization procedures included transformations, mergers, divisions, and organization structure alterations – taking into account taxation aspects;
• Preparation of applications in the name of the Client for the registration of new entities as well as applications for alterations in existing entities and submitting them to the relevant institutions;
• Support of transactions of acquisition or selling of businesses, organized parts of businesses or other assets;
• Consulting and legal support relevant to joint business ventures (consortia, consolidation projects, investment agreements) in connection with the specifics and requirements of public procurement law;
• Legal support of capital groups having complex organization and capital structures (capital groups, capital concerns, holdings) as well as groups with state treasure shares;
• Legal support of associations, foundations and sport clubs.

• Amicable conflicts resolution, included running negotiations and mediation in amicable proceedings;
• Clients representations before all courts of law and arbitration courts as well as before the Supreme Court and the Supreme Administration Court;
• Preparation of pleadings and representations at court hearings;
• Clients support in the relations between trade unions and employers included the running of negotiations, talks, consultations and writing correspondence;
• Development of in-house acts of law specially regulations for work, salaries, in-house as well as multi-company collective employment agreements;
• Clients support in the process of arrangement of in-house acts of law with the trade unions;
• Clients support in the process of arrangement of changes of in-house acts of law with the trade unions;
• Clients support in the settlement of collective disputes;
• HR sections support in current matters related to employment law;
• Legal advice and preparation of draft letters related to individual and collective employment agreements;
• Employment optimization;
• Full service in the process of taking over workplaces or parts of them;
• Courts representations in cases related to employment law.

• Servicing creditors with applications for declaration of bankruptcy of debtors;
• Legal support for creditors after debtors’ declarations of bankruptcy in the form of notifications of liabilities, application for exclusions from bankruptcy estate, creditors representations at the Creditors’ Committee;
• Capital restructuring by means of transformations, mergers or divisions as per Commercial Companies Code regulations, transformation of sole trading businesses into capital companies, restructuring of businesses or organized parts of businesses amongst others – taking into consideration contribution mechanisms;
• Legal advice relevant to negotiations between debtors and creditors;
• Preparation of application for remedial procedures and clients representations during proceedings.

• Development and performance of trade contracts (including international);
• Brand and trademark protection;
• Legal services in consumer trade, including handling complaints and legal assessment of marketing actions and their consequences.

• Free analyses of credit agreements for provisos which could be judged as abusive in courts of law;
• Provision of knowledge and legal support for persons who decide to run a dispute with a bank;
• Legal advice with possible strategies leading to the annulment of a credit agreement or to the revaluation of a valuated in CHF credit agreement as well as to the debt balance reduction from a loan and the refund of overpaid instalments and low own contribution insurance fees;
• Assistance in completing the necessary set of documents for the case;
• Applying in the name of the Client for credit history records and making relevant complaints;
• Calculation of the overpaid amount of money to the bank resulting from overpaid instalments of the financial liability;
• Representations at every stage of proceedings in cases related to the annulment of valuated in CHF credit agreements, revaluation of valuated in CHF credit agreements and the refund of low own contribution insurance fees;
• Representations in cases of legal actions taken by a bank against borrowers;
• Professional legal advise provided by lawyers at the disposal of Clients during all proceedings;
• Legal support in the process leading to setting accounts with the bank as well as the deletion of the credit mortgage resulting from a loan agreement invalidation.

•  Full legal service and support for the participants of the investment process, on both the side of the Investor, as well as General Contractor and subcontractors.
• Support of complicated contractual contracts, especially based upon the Conditions of Contracts standards set by FIDIC.
• Wholesome legal service of entities carrying out investment project in both the design stage as well as the realization of the project.

• Screening of the debt.
• Negotiations with the debtors.
• Filing claims to court.
• Carrying out court bailiff procedures.
• Widespread collection of receivable all over the country.

• Assistance in the preparation of offers together with the relevant analyses of the tender documents for hazards to the contractor;
• Preparation of justifications for irregularly low prices;
• Submission of appeals and accessions to appeal procedures to the National Appeals Committee as well as representations during the appeal proceedings;
• Preparation of legal assessments relevant to the legitimacy of the Public Procurements Act regulations application;
• Representations of contractors in legal actions against clients for payment for works (included extra works), legal advice on warranty claims and assumed liability claims;
• Preparation and contracts negotiations with subcontractors and preparation of consortium agreements;
• Representations for contractors in legal proceedings relevant to inconsistencies in public procurement procedures.

• Defence in criminal lawsuits since arrest, arrest sittings and negotiations of voluntary preventive measures with law enforcement authorities;
• Defence in non-criminal and criminal tax offences (defence prior to the National Tax Administration inspections, formulating objections during the inspection as well as during court proceedings);
• Victims and auxiliary prosecutors representations, formulating applications for actual damage repairs, compensatory damage repairs, no contact orders and restraining orders;
• Private prosecutions, assisting in cases relevant to defamation or slander included crimes perpetrated via internet;
• Subsidiary indictments – assistance to victims after unfair discontinuation of court proceedings or refusal to initiate court proceedings.

• Assistance with wills writing, vindication bequests and testamentary dispositions;
• Consulting relevant to successions, inheritance of businesses and companies’ shares;
• Confirmations of inheritance acquisitions, inheritance certificates and deeds including cross-border proceedings;
• Inheritance divisions together with divisions of jointly shared property with shared property partition, unequal inheritance shares arrangements;
• Guaranteed shares, inheritance disagreements, exclusion of heirs;
• Agreements relevant to inheritance, inheritance renunciations.

  • Divorce and provision of family support costs;
  • Regulation of contacts between parents and children, restraint orders;
  • Alimonies together with applications for securing them;
  • Children place of residence, proceedings in compliance with the Hague Convention regulations;
  • Parental authority and its restrictions, deprivation of parental authority;
  • Division of property after divorce with the determination of unequal shares, seizure of shared property assets as exclusive property of one of the spouses.

• Amicable settlement of conflicts including conducting negotiations and amicable settlements;
• Clients representations before all courts of law, before the Supreme Court and the Supreme Administration Court as well as before arbitration courts;
• Preparation of all kind of pleadings and taking part in court hearings.

• Current tax consultancy in the scope of operative and investment activity of a Client.
• Analysis and drafting contract models, with the optimization of their legal-tax effects.
• Consultancy in regards of transfer prices, including help with preparing documentations of transactions with related entities and with entities with their head offices in countries engaging in harmful tax competition.
• Consultancy regarding transactions with foreign entities.
• Consultancy regarding the tax effects of restructuring processes.
• Tax studies and analysis of planned and of executed economic transactions.
• Issuing tax opinions and granting recommendations.
• Representation in control, tax and penal-fiscal proceedings.
• Representation in administrative courts’ proceedings.

 

• Cargo claims
• Collisions and other marine casualties
• Agency contracts
• Bills of lading
• Voyage, time and bareboat charter parties
• Arrest of ships
• Enforcement of maritime liens
• Enforcement of claims against ships
• Ship management contracts

• Legal advise relevant to the implementation of requirements regarding personal data protection (compliant with the new personal data general ordinance);
• Legal support for data administrators and data processing entities, particularly in relevance to legal compliance of data verification processing considering transfers of data to a third country;
• Legal advice relevant to the contacts of administrators to persons whose data are being processed in relevance to the submitted to the administrators applications, demands or objections;
• Preparation of internal regulations and data protection policy;
• Legal advice relevant to the keeping of personal data processing registers;
• Verification and preparation of standard forms for personal data processing consents and information contents transferred to persons whose data are being processed;
• Preparation of contracts relevant to the entrusting of data processing including annexes adjusting those contracts to RODO requirements;
• Legal advice and representations in proceedings before supervising authorities relevant to the administrator reporting their own breaches;
• Legal support in the field of personal data processing in capital groups considering co-administration issues;
• Legal advice in the process of developing trade codes of conduct.