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New tax amnesty adopted by the Romanian government
On 6 September 2024, the Romanian government adopted Emergency Ordinance no. 107/2024 (“the GEO”) regulating a nationwide tax amnesty generally aimed at cancelling late payment interest and penalties related to certain outstanding tax liabilities, as summarised below.1. Waiver of interest, penalties and other additional charges for outstanding debts as of 31 August 2024 for all taxpayers. The outstanding debts as of 31 August 2024 include: budgetary liabilities for which the due date or payment term has been met on or before 31 August 2024; supplementary budgetary liabilities established by tax assessment decisions communicated up to and including 31 August 2024, as well supplementary liabilities
Romania to hold first CfD renewables auction in coming weeks
Romania is set to hold its first contracts for difference (“CfD”) auction in the next few weeks. The Ministry of Energy has taken further steps and issued the order for initiating the CfD auction under the CfD scheme. On 6 September 2024, Order No. 1290/2024, approving the launch of the first auction for the State aid scheme in the form of contracts for difference for the production of electricity from renewable sources of onshore wind and solar photovoltaic energy, as well as the rules of the procedure for the first auction (“Order 1290/2024”), was published in the Official Gazette of Romania and entered into force on the same date. The total capacity targeted is 1,500 MW of renewables; specifically
Kinstellar successfully completes the acquisition of Noerr’s Bucharest operations, following the acquisition of Noerr’s Offices in Bratislava and Prague
Kinstellar is delighted to announce the successful completion of acquiring Noerr’s Bucharest operations, marking the final phase of the strategic transaction that also included acquiring Noerr’s offices in Bratislava and Prague. This transaction represents a significant milestone in Kinstellar’s growth strategy across Central and Eastern Europe. With the addition of the new operations, first in the Czech Republic in Slovakia earlier this week and now in Romania, Kinstellar's presence in these markets has substantially expanded. With the addition of the new colleagues, Kinstellar Bucharest Office now boasts an even stronger team of seven partners and approximately 50 highly skilled lawyers and business professionals.
Kinstellar successfully completes the acquisition of the Bratislava and Prague Offices of Noerr, with the acquisition of Noerr's Bucharest operations to follow imminently
Kinstellar is very pleased to announce the completion of the acquisition of the Bratislava and Prague offices of the highly respected German law firm, Noerr. The acquisition of Noerr’s Bucharest operations, the final piece of the transaction, is set to close following final administrative approvals which are expected soon. This milestone marks a significant step forward in Kinstellar's growth journey. Over the past 16 years, we have grown from 4 offices to a dynamic international firm with 12 offices across 11 markets in Central, Eastern, and South-eastern Europe, Turkey, Ukraine, and Central Asia. Adding the Noerr teams in Bratislava, Prague and, very soon, in Bucharest substantially enhances our strength and depth in these three markets.
Kinstellar advises CCC on the Romanian, Czech, Croatian, Hungarian, and Slovak legal aspects of a PLN 1.8 billion financing agreement
Kinstellar is delighted to announce it has successfully advised CCC—a leading Polish-based footwear manufacturer and retailer with a network of over 1,000 stores across 29 countries—on the Romanian, Czech, Croatian, Hungarian and Slovak legal aspects of a PLN 1.8 billion (approximately EUR 420 million) term and revolving facilities agreement. The financing, which is provided by a consortium of lenders including mBank, EBRD, Bank Pekao, BNP Paribas Bank Polska, PKO Bank Polski, Santander Bank Polska, and Bank Handlowy w Warszawie, as well as the factoring entities Santander Factoring, mFaktoring, PKO Faktoring, and BNP Paribas Faktoring, will support CCC’s ongoing operations and the further development of its brands
Kinstellar assists Globalworth again on a logistics portfolio sale in Romania
Kinstellar is delighted to announce that it has again successfully advised Globalworth, an AIM-listed, leading office investor in Poland and Romania, on the sale of a logistics portfolio in Romania, to the buyer WDP. The transaction closed in July 2024, being one of the largest logistics transactions in Romania to date in 2024. The portfolio sold to WDP was a joint venture with Global Vision, and includes sizeable lettable logistics and industrial facilities as well as land bank in Chitila, Constanta and Targu Mures. This transaction follows on the heels of Globalworth’s sale of another logistics portfolio to CTP earlier this year in May. Kinstellar provided comprehensive support on all aspects of the transaction.
Kinstellar continues to grow its Bucharest team, adding 6 new hires in the real estate, banking and finance, and competition law areas
Kinstellar is pleased to announce the successful completion of a new recruitment round, welcoming six lawyers to its growing team in Bucharest. The new additions bolster the local team’s offering in the real estate, banking & finance, and competition practices, addressing the increasing demand for specialized legal expertise in Romania. Denisa Constantin joined the real estate team as Associate. She has a proven track record of working on landmark transactions involving office, industrial, and agricultural assets, as well as renewable energy projects. Denisa has advised developers on due diligence, transaction documents, permitting, lease agreements, and superficies agreements, among others. Sandra Gheorghe
Romania strengthens screening of EU investments
Further to the December 2023 amendments to the Romanian regime for screening inbound direct investments (that we previously covered here), which formally included EU investors within the scope of screening, the Romanian Parliament has adopted a new law (the “New Law”) to further strengthen the approach towards EU investors. The New Law explicitly extends to EU investors the sanctions regime previously applicable to non-EU investors. Gun jumping will be treated in the same manner regardless of the investor’s nationality, with potential sanctions of up to 10% of worldwide turnover applicable to EU and non-EU investors alike. This was not an oversight in the December 2023 amendments, but rather the government’s preferred
Kinstellar advises Agrotex majority shareholders on the sale of a significant stake to Promat Comimpex
Kinstellar is proud to have advised the majority shareholders of Agrotex (one of the most important suppliers of cereals and agricultural inputs on the local market) on the sale of a significant stake to Promat Comimpex, a renowned agriculture player now controlled by the Ameropa Group. The deal will complete after the necessary consents and approvals have been obtained. Our assistance on this mandate was coordinated by Zsuzsa Csiki (Partner, Head of Corporate M&A in Romania) together with Mădălina Perte (Managing Associate) and involved a very talented and resilient team: Claudia Popescu (Special Counsel) and Ioana Popescu (Associate). Kinstellar Romania has emerged as a premier legal advisor in
Navigating the Regulatory Landscape: An Overview of Banking as a Service
In an era defined by digital transformation and the ever-evolving landscape of financial services, the concept of banking as a service (“BaaS”) has emerged as a key force reshaping the industry. By enabling non-bank entities to offer financial services through partnerships with licensed banks or financial institutions, BaaS has opened up a new realm of possibilities, facilitating innovation, enhancing customer experience and promoting financial inclusion. However, realising these opportunities is closely linked to navigating the complex regulatory framework that governs BaaS operations. BaaS can take various forms, allowing non-licensed entities to provide financial products such as banking, payment, e-money
Update on the ESG reporting obligations in Bulgaria, Croatia, the Czech Republic, Hungary, Romania and Slovakia
CSRD implementation uneven a month before deadline June 2024 – With less than a month to go before the 6 July 2024 deadline for transposing the EU Corporate Sustainability Reporting Directive (EU) 2022/2464 (the "CSRD", the “Directive”), countries in Central and Eastern Europe (“CEE”) are still at different stages of implementation. While Romania and Slovakia have completed their legislative processes, Bulgaria and Croatia are still in the legislative pipeline. The Czech Republic and Hungary have completed, at least partially, their transposition, with additional legislation still to be implemented, albeit within uncertain timeframes. For a more comprehensive overview of each stage of the progress on CSRD transposition
Kinstellar advises Canadian Nuclear Partners on the framework agreement with Nuclearelectrica for the refurbishment of Unit 1 at the Cernavoda nuclear power plant
Kinstellar has advised Canadian Nuclear Partners (a subsidiary of Ontario Power Generation, one of the world’s largest power generators, and a corporation wholly owned by the Government of Ontario) on the framework agreement for the refurbishment of Unit 1 at the Cernavoda nuclear power plant, operated by the state-owned nuclear energy producer, Nuclearelectrica. The framework agreement has an approximate value of EUR 240 million and represents a critical milestone in completing the refurbishment of Unit 1. Canadian Nuclear Partners will support Nuclearelectrica with the delivery of project management services, technical assistance, consultancy services and professional training specific for the refurbishment of