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Renewable Energy

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Head

Fernando_carretero

Fernando Carretero Díaz

ASSOCIATE-Head of Renewable Energy and Member of the Administrative Law Department
See team

Renewable Energy

ARPA Abogados Consultores offers its services related to the different operations that usually take place in the energy sector. Additionally, ARPA Abogados Consultores is no stranger to the ongoing conflicts that occur between the environment and industrial exploitation, nor the complex, diffuse and variable regulations applicable in this field, which require extensive monitoring and advising to ensure their occasionally complicated and sensitive compliance.

 

Legal advice on applicable regulations in the electricity sector and in particular with regard to renewable energies, such as:

  • Regulatory framework and requirements to develop renewable energy activities and assets in Spain.
  • Grid access and connection.
  • Permitting and registration regime of power plants, hybridization, repowering, etc., including industrial, environmental, urban planning, public utility declaration and other PLAs (e.g., aeronautical easements, archaeological authorisation, etc.).
  • Specific remuneration regime or economic regime for renewable energies (granted through auctions) and other public subsidies
  • Market regulations.
  • Self-consumption regime.

In particular, our services in this area would mainly entail:

  • Regulatory analysis.
  • Drafting legal memorandums on the applicable regulatory framework, or applicable permitting procedure.
  • Drafting and/or reviewing application, filings and writs of allegations.
  • Reviewing and assessing authorities’ opinions, reports or PLAS (e.g., urban compatibility reports, environmental impact statements, etc.).
  • Contact with public administrations.
  • Contact with third parties providing asset management services to the client.

Legal advice on contracts relating to the development, construction, commissioning and/or operation of clean power projects, such as:

  • Development services agreements.
  • Collaboration agreements with public entities.
  • Agreements regarding the sharing or use of common evacuation infrastructure agreements.
  • Grid access agreements (CTA).
  • Operation and maintenance (O&M) agreements.
  • Engineering, procurement and construction (EPC) contracts
  • Market representation agreements.
  • Power purchase agreements (PPA) and self-consumption agreements.
  • Agreements regarding guarantees of Origin (GdO).

Lax advice on tax matters regarding the development, construction, commissioning and/or operation of clean power projects, such as:

  • Constructions, Facilities and Works Tax (ICIO)
  • Real Estate Tax (IBI)
  • Special contributions and other taxes (tasas).
  • Applicable taxes to relevant contracts (VAT, etc).

In particular, our services in this area would mainly entail:

  • Analysis of applicable taxes, formalities and potential deductions.
  • Drafting filing and writs.
  • Drafting, reviewing and/or negotiating tax clauses in contracts.
  • Contact with tax authorities.

Legal advice on real estate matters regarding the development, construction, commissioning and/or operation of clean power projects, including:

  • Review and risk assessments of land right agreements (lease, surface right, easements, etc.).
  • Drafting, reviewing and/or negotiating land right agreements with private or public entities (including concessions with regard to public domain assets), including attendance to calls and meetings.
  • Amendments to existing agreements (e.g., novation, extension of term, assignments, etc.)
  • Assistance with expropriation procedures, including expropriation agreements.
  • Assistance with notarisation and registration of land rights.
  • Contact with third parties providing asset management services to the client.

Legal advice on issues arising from the day-to day and ordinary operation of its Governance Bodies, in particular its Board of Directors and General Shareholders Meetings; in particular:

  • Advising the Governance Bodies on all company matters concerning how they operate and passing resolutions, as well as on the legality of discussions held and of resolutions and decisions adopted by the Governance Bodies.
  • Drafting the minutes of the Governance Bodies’ meetings that may be necessary, in accordance with the law, as well as others requested by the client in the ordinary course of its business. Collecting signatures on the minutes in accordance with the legal rules.
  • Shareholder Registration Book: legalisation, safekeeping and recording each of the transactions that affect ownership of the shares that represent the company’s share capital that the Client notifies us of.
  • Minutes book of the company’s General Shareholders Meeting. Legalisation, safekeeping and copying all minutes of the General Shareholders Meeting into the book. Collecting the signatures of the Chairman and Secretary on the copies of the minutes in the book.
  • Minutes book of the Board of Directors: legalisation, safekeeping and copying all minutes of the Board of Directors into the book. Collecting the signatures of the Chairman and Secretary on the copies of the minutes in the book.
  • Book of agreements entered into by the sole member or shareholder and the company: legalisation, safekeeping and recording of any relevant agreements entered into by the sole member or shareholder and the company in the book.
  • Powers of attorney: drafting general or special powers of attorney required by the company’s directors.
  • Certificates: issuing certificates of the corporate resolutions approved by the management body and, when applicable, by the General Shareholders Meetings.
  • Publications: drafting announcements of corporate resolutions that must be made in the press. Drafting announcements for publication in the Official Gazette of the Companies Registry.
  • Public deeds: preparing and arranging the signing of deeds at the notary public’s office.
  • Adaptations: adapting articles of association in line with legal modifications required by Spanish company law.

Áreas relacionadas

mercantil

Civil and Commercial Contracts

administrativo

Administrative Law

corporate

Compliance or Regulatory Compliance

fiscal

Tax Law

Renewable Energy team

Fernando_carretero

Fernando Carretero Díaz

ASSOCIATE-Head of Renewable Energy and Member of the Administrative Law Department
Fernando_Arm.2019

Fernando Armendáriz Carrascón

PARTNER-DIRECTOR OF THE INTERNATIONAL AND CONTRACT LAW DEPARTMENT
JoseIgnacio_PerezdeAlbeniz

José Ignacio Pérez de Albéniz Andueza

PARTNER-MANAGING DIRECTOR
Juan_Torres-web

Juan Torres Zalba

PARTNER-DIRECTOR OF THE ADMINISTRATIVE LAW DEPARTMENT
Laya-abos-web

Laya Abós Aldanondo

ASSOCIATE-DIRECTOR OF THE M&A DEPARTMENT
Maria_Gonzalez-web

María González Navarrete

ASSOCIATE - DIRECTOR OF THE SAINT SEBASTIAN OFFICE
Iñigo_urizar_web

Íñigo Urízar Lecumberri

ASSOCIATE-TAX LAW DEPARTMENT
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