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Energy
The energy sector is highly regulated and is increasingly shifting towards sustainable energy sources. This transition affects all parties active in the sector, including project developers, energy producers, grid operators, customers, investors, financial institutions and public authorities. The sector covers a broad range of energy carriers and systems, ranging from heat and electricity to hydrogen, natural gas and biogas.
Strategies for successful energy projects
Experience and extensive knowledge of the relevant regulations are indispensable for the development, procurement, sale and financing of energy projects. Actively keeping pace with trends and developments within the sector is a self-evident pursuit. It serves as the basis for our multidisciplinary teams of lawyers, notaries and tax specialists, who assist with projects from their inception to their completion, from the incorporation of a project-specific limited liability company and the establishment of real rights through to due diligence in energy transactions, tax consultancy, licensing procedures, sector-specific subsidy legislation, financing and potential sales to investors.
Comprehensive project guidance
Effective and efficient project guidance includes, amongst other things:
- The determination of basic positions
- The provision of advice on licences, permits and prior agreements
- The establishment of an appropriate (tax) structure
- An assessment of the legal and tax aspects of projects (due diligence)
- The evaluation of power purchase agreements (PPA) and tooling contracts
- The preparation of engineering procurement and construction (EPC) agreements and operation and maintenance (O&M) contracts
- The provision of advice on grid connections and transmission capacity
- The provision of advice on financing documentation
- Assistance with mergers and acquisitions
Oversight and regulation
Oversight and regulation involve the careful monitoring of legislation and regulations, anticipating amendments to them and proactively adapting internal processes to comply with the relevant requirements and sector-specific legislation. Within the realm of oversight and regulation within the energy sector, Dirkzwager provides support in relation to the following:
- The application of the Electricity Act [Elektriciteitswet] and the new Heating Supply Act [Warmtewet]
- Grid congestion
- Cable pooling
- Obtaining exemptions for private networks
- Regulations specific to energy suppliers
- The Bibob [Public Administration (Probity Screening) Act] test in the context of transactions
- Compliance with specific sectoral legislation
- Licences and permits for the supply of energy under the Heating Supply Act
- Oversight by the ACM [Netherlands Authority for Consumers and Markets]
- Available tax schemes
- Safeguarding proprietary rights, amongst other things, through grid registrations and the establishment of real rights
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Our lawyers, civil-law notaries and tax specialists work closely together to provide customized advice and sustainable solutions, from a broad perspective.
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