Services

Energy Law

Thanks to investment incentives granted to electrical energy generated from renewable energy resources, particularly wind and solar energy, the interest shown by local and foreign investors to energy investments is increasingly continuing in our country. 


Legal consultancy in energy law continues from the stage where the internal relations between the local and foreign investors and companies involved in the project are regulated to the stages of completion of construction works of power plant and realization of the project. In this area, Yamaner & Yamaner Law Office, acting through its in-house lawyers having vast experience in energy sector, offers legal services to its clients mainly focused on the following items:

• Completion of “due diligence”, and preparation of fact finding reports and legal analysis and opinion reports, and creation of a road map for energy companies at the investment preparations stage; and 

• Preparation of a Corporate Articles of Association, and completion of registration and announcement stages of the Company, and delivery of the required notifications and correspondences in line with the requirements of the Electrical Market Law no. 6446; and

• Preparation of electricity generation preliminary license or electricity generation license application dossiers to be submitted to the Energy Market Regulatory Authority or completion of missing documents in the dossier, and follow-up of stages of approval of dossier, in strict compliance with the Electrical Market Law no. 6446, as well as the relevant regulations on implementation, particularly the Electrical Market Licensing Regulation; and

• Legal services aimed at issuance of the required decisions by the authorized managerial bodies of the Company with the intention of incorporation in the Corporate Articles of Association of various amendments or revisions regarding amount of capital and capital shares of the Company, as may be requested by the Administration at any time; and

• Asking the authorized banks to issue in tandem with the Administration’s demands as to contents thereof a bank letter of guarantee required to be submitted at the electricity generation preliminary license application stage and at the time of receipt of electricity generation license, and negotiating with the Administration our Client’s requirements, demands and suggestions as to contents of bank letter of guarantee; and 

• Legal consultancy services in connection with receipt of preliminary and definite construction licenses for the land on which the power plant is intended to be built, and approval of city development and zoning plan in accordance with environmental plans, and receipt of construction license in strict compliance with the urban development and land improvement laws and regulations; and 

• Legal consultancy and support services offered to our Client and its advisors in order to make sure that the “public participation meeting”, “special format identification” and “examination and assessment commission” opinions are truly and accurately reflected onto Environmental Impact Assessment Report in legal terms at the stage of preparation of an Environmental Impact Assessment Report which is one of the most critical stages of electricity generation licensing process, and thereafter, representation of our Client most effectively in the probable legal cases and actions that may be brought forward for stay of execution on cancellation and nullification of the Environmental Impact Assessment Affirmative Decision of the Administration; and 

• Preparation, negotiation and review of texts of Electricity Purchase, System Use and Interconnection Agreements in the name of our Client, particularly ensuring that the electricity transmission infrastructure is made ready until completion of construction of power plants, and giving legal support to our Client on disputes regarding expropriation price and other issues in connection therewith; and

• Legal services aimed at preparation, negotiation, review and implementation of “engineering, procurement and construction contracts/agreements” signed by and between the Employer and the Contractor at the stage of construction of power plants; and 

• Giving legal support to our Client on development of Energy Projects, and creation of work plans, and finding finance and funds from local and foreign resources; and 

• Following receipt of an Electricity Generation License, receipt of investment and incentive certificates for the power plant within the frame of provisions of the Governmental Decree on State Subsidies in Investments no. 2012/3305, and the communiqué on implementation; and 

• In all kinds of legal disputes that may arise out of any one of the issues listed only as an example in the preceding paragraphs, representation and protection of rights of our Client both in local courts and in arbitration panel.

İLETİŞİM
Av. Cihan YAMANER
Managing Partner
‘’The law is a complex subject. If you ignore it, this can cause a big problem.’’