ESG | Poland

ESG issues are emerging in every conversation about conducting business these days. Incorporating sustainability into the day-to-day management of a company can bring many benefits such as increasing the attractiveness of the company or obtaining financing on favourable terms.

Green energy financing - Legal advice for investors and contractors

Increasingly rapid technological development, the EU strategy for green transition with its energy efficiency targets, and new trends in sustainability are the main factors for the rapid growth of the renewable energy market in Poland. Rapid growth results in a competitive market that forces investors to immediate action, especially in terms of project financing.

Osborne Clarke Poland's Energy Finance team provides not only efficient financing services but also assistance in obtaining such financing. Our Team combines banking and energy lawyers, ready to provide clients with comprehensive advice.

By close cooperation with our overseas Osborne Clarke offices, we boast extensive expertise in the latest trends in the energy financing sector. We are always one step ahead, providing our clients with tailor-made solutions for the Polish market.

How can we help?
  • Assistance in the preparation of financing conditions
  • Preparation and negotiation of financing documents, security, and (to some extent) project documents
  • Supervision over the fulfilment of conditions precedent and follow-up conditions
  • Assistance in the preparation of corporate approvals
  • Conducting comprehensive due diligence on RES projects (photovoltaic power plants, wind power plants, biogas plants, electricity storage facilities)
  • Assistance in the preparation and submission of applications to the Pledge Register
  • Ongoing assistance with the transaction, depending on the client's needs

ADDITIONAL

  • Legal advice on changing the terms of financing and the process of releasing existing collateral
What are the benefits?
  • Comprehensive advice within one office based on one engagement letter
  • Ensuring contractual security in the implementation of the investment
  • Developing and negotiating transaction documentation tailored to the needs of the investment
  • Providing support in discussions with financial institutions in obtaining financing

For many entities, the implementation of sustainability strategies into corporate management is becoming a necessity - non-financial data reporting will soon be replaced by the need for sustainability-related data according to the rules arising from the implementation of the CSRD (Corporate Sustainability Reporting Directive) and according to the guidelines issued by the European Commission (the so-called ESRS - European Sustainability Reporting Standards).

The new rules will cover large companies as well as those medium and small (excluding micro-enterprises) listed on regulated markets. They will also indirectly affect entities that will not be legally required to report on sustainability. They will be required to provide the relevant data by their counterparties as part of the collection of data for reporting on their value chains (i.e. also on suppliers and counterparties).

How can we help?
  • We will prepare a comprehensive strategy for the company in the area of sustainability setting targets for the future (in cooperation with external parties);
  • We will implement solutions to fulfill the sustainable development strategy
  • We will conduct an audit of the organization to address sustainability issues in the organization (analysis of gaps in policies and procedures, analysis of model contract).
  • We will provide training and workshops for members of organization at all levels to enhance their ESG knowledge (which will facilitate the preparation and implementation of sustainable development strategies).
  • We will ensure that the actions taken enable the organization to be safely promoted as operating in a sustainable manner (anti-greenwashing compliance).