Legal support for the Fuel and Energy Complex

Providing legal support to the fuel and energy complex (FEC) necessitates a lawyer’s ability to not only comprehend the complexities of conducting business in this industry and its legal framework, but also to have a deep expertise in various branches of law, including civil, commercial, procedural, and administrative law. Our team of experts has a proven track record of successfully solving problems in this Russian business sector, consistently demonstrating a high level of professionalism.

Forte Tax & Law is one of the few law firms in Russia with extensive experience in providing legal support for pre-gasification. We have provided assistance in executing investment and loan agreements with the Unified Gasification Operator (UGO), which ranged from sending a draft agreement . We also have a history of achieving positive outcomes in litigation against the UGO, including the settlement of disagreements and other disputes arising from these agreements.

Our lawyers offer legal counsel and support for the acquisition of expensive fuel and energy assets. We conduct due diligence reviews on the assets to be acquired, structure transactions, and coordinate and implement mechanisms that provide legal guarantees, allowing all parties to achieve the objectives of the transaction.

Services

• Recovering debts and losses from the Unified Gasification Operator under investment agreements and loan agreements that have not been performed (in favor of gas distribution companies)
• Reducing the tax burden on gas distribution companies, taking into account the specifics of their activities, including by altering the qualification of their agreements with the Unified Gasification Operator in court
• Recovering agency remuneration from the Unified Gasification Operator
• Compelling the Unified Gasification Operator to perform the version of an agreement (as selected by a gas distribution organization) if the UGO refuses to formally sign it
• Providing legal support in the purchase and sale of fuel and energy assets, which involves conducting a due diligence review on the assets to be acquired, assisting with completion of a transaction, performing a tax audit, etc.

Representative legal matters

• Successfully negotiated several settlement agreements between the Unified Gasification Operator and gas distribution companies
• Prepared guidance materials for the legal teams of 70 gas distribution companies with an assessment of their mistakes in disputes arising from pre-gasification, as well as proposals for improving their litigation work
• Successfully challenged the prosecutor’s submission in one of the constituent entities of the Russian Federation regarding a violation of applicable Russian laws concerning pre-gasification
• Provided legal advice in the negotiation, execution, and performance of a commercial concession agreement in the Fuel and Energy Complex, worth over RUB 2 billion
• Provided legal support in the acquisition of an interest in an electric grid company by a foreign investment fund