Firms in the spotlight: LBF Partners
Mehmet Suat Kayıkçı, has two decades of specialization in energy law, including over a decade at the Energy Market Regulation Authority (“EMRA”).
Under Mr. Kayıkçı’s guidance, our energy team provides high-quality legal services to both local and foreign clients across all aspects of energy law, while also assisting Turkish companies in their strategic energy investments abroad.
Regulatory Permits and Licensing
Our energy team provides end-to-end services to clients throughout the process of obtaining necessary permits or licenses specific to each energy sector (oil, natural gas, or electricity) from the EMRA or other governmental bodies. The services are:
- guiding clients on identifying the required permits or licenses, advising on necessary documentation, and outlining technical requirements;
- handling the complete application process for clients before the EMRA and other relevant governmental bodies;
- drafting, reviewing, and negotiating agreements with third-party service providers that are necessary for compliance with the technical requirements of the licenses.
Regulatory Compliance
Given the risk of being fined by the EMRA for non-compliance, Sector players must therefore maintain ongoing compliance efforts to keep pace with frequent changes in the relevant legislation. We continuously monitor updates in energy legislation for our clients, inform them accordingly, and advise them on adhering to the legal and technical requirements imposed by these changes.
Project Finance
We frequently assist sector companies in structuring renewable energy projects to secure loans from banks and in reviewing and negotiating loan agreements. We also advise banks on the compliance of the loan applicant’s project with energy legislation and potential legal risks arising therefrom, as well as the feasibility of restructuring existing loans from the perspective of energy law.
Sector-Specific Contracts
- EPC (Engineering, Procurement, and Construction) Contracts: These are commonly utilized in solar energy projects in Türkiye. Our team represents investors, constructors, or suppliers in drafting, reviewing, negotiating those agreements.
- Electricity Trade Contracts: We advise our clients on various types of electricity-specific contracts, such as EFET (European Federation of Energy Traders) contracts, PPAs (power purchase agreements), ESCO (energy service companies) contracts.
- Distribution Contracts: We assist fuel distribution companies and EV charging network operators in structuring their distribution channels, as well as drafting, reviewing, and negotiating dealership agreements or similar contracts with gas stations and other sales points.
Mergers & Acquisitions (M&A)
Thanks to our extensive legal and industrial expertise, we are regularly chosen by clients in the energy industry for legal assistance regarding their M&A or joint venture transactions.
We conduct energy law due diligence to assess the compliance of the energy assets or operations of the counterparty, identify legal risks associated therewith, and advise on how to mitigate those risks to protect their best interests.
Our energy team is involved in drafting, reviewing, or negotiating transaction-related agreements, including shareholder agreements, share purchase (subscription) agreements, or joint venture agreements, to effectively address energy law matters.
In addition to notifying the Turkish Competition Authority for merger clearance, we handle the approval process before the EMRA on behalf of our clients.
Dispute Resolution
We have acted for numerous clients before administrative courts and occasionally before the Constitutional Court of Türkiye, particularly in challenging fine decisions or regulations issued by the EMRA.
We have represented clients in civil disputes across various forums, including courts and arbitral tribunals, arising from contracts with other industry players. Our experience in this regard includes representing multinational and local clients seeking compensation claims against the Turkish electricity transmission and distribution system operators before civil courts.
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