Practice

Successful extension of a permit for water abstraction of HPPs after winning a case before the SAC

Our client is a company which deals with the production of electric energy through the construction of hydroelectric power plants. In 2009, a permit for water abstraction and use of a water body for the construction of a small hydroelectric power plant was issued. The initial validity of the permit was until 2015. In 2012, the permit was amended, and in 2015 its validity was extended until 2018. In 2018, within the statutory 3-month period before the expiration of the permit, our client submitted an application for extension of the permit before the Director of "West Aegean Region" River basin Department due to an objective delay in the implementation of construction. On 13.08.2018 a refusal the validity of the permit to be extended was received, on the grounds that the investment intention falls within a protected area and thus violates the measures provided for in the RBMP 2016 - 2021.
We assisted the client in preparing a complaint against the refusal, which was filed in the Ministry of Environment and Water /MoEW/. We received a tacit refusal from the MoEW.
Within the term of 1 month, as stipulated by law, we appealed the decision of the Director of "West Aegean Region" River basin Department before Blagoevgrad Administrative Court. Blagoevgrad Administrative Court rejected the complaint of our client.
We appealed the decision of Blagoevgrad Administrative Court before the Supreme Administrative Court. The case before the Supreme Administrative Court was won. The Supreme Administrative Court revoked the decision of Blagoevgrad Administrative Court and returned the file to the Director of "West Aegean Region" River basin Department in order the latter to enact a ruling. The arguments of the Supreme Administrative Court were that the protected areas in question, in which our client's investment intention falls, have not actually been approved by an order of the MoEW, as the law stipulates.
Despite the fact that the case before the Supreme Administrative Court was won and the refusal of the Director of “West Aegean Region” River basin Department to extend the validity of the permit was revoked, at the end of 2019 our client received a letter from the Director of “West Aegean Region” River basin Department, with instructions additional documents and information to be provided by our client in order the latter to prove the fulfillment of the other conditions, concerning the permit, as this being a prerequisite for the extension of the validity of the permit. We assisted the client in the preparation of arguments and reasons, which were presented to the Director of “West Aegean Region” River basin Department, in which we described in detail all fulfilled conditions, pointing that only the construction of the power plant was not completed in time - by 2018, due to unjustified initial refusal of the Director of “West Aegean Region” River basin Department to extend the term of the permit in 2018.
The arguments and justification prepared by us were taken into consideration by the Director of “West Aegean Region” River basin Department and the validity of our client’s permit for water abstraction was extended, thus giving him the opportunity to successfully accomplish his investment intention to build a hydroelectric power plant.

Practice: Energy and Environment

Protection in connection with the unlawful refusal of permission for drafting a detailed investment plan

Our team consulted an investment company engaged in the production of electricity from renewable sources, which owns rights for the construction and operation of Hydroelectric plant on the occasion of the administrative authorities’ refusalto grant admission for drafting of a detailed plan for the investment process . Kinkin and Partners represented the interests of the client in a procedure for judicial review of the refusal. Our complaint was upheld in its entirety by the Administrative Court in Montana city and the decision of the Municipal Council was abolished. The case was returned with explicit instructions of the court allowing the preparation of a detailed plan; the decision is final and enforceable.

Practice: Litigation

Connection with other practices: Real Estate. Urban Planning and Construction Works

Representation in the process of examining the validity of the license for transportation and opportunities for issuing a license for transportation using vehicles registered in another Member State

The law firm represents a client - a leading French company for transportation services, which creates a subsidiary in the Republic of Bulgaria in connection with the licensing of transport activity. Our lawyers analyze the possibility of acquiring a license for transportation by purchase and / or rental of vehicles from a foreign company, leading to the presence of foreign registered vehicles. Our lawyers have also conducted defense of the interest of the client in relation to statements by the administrative body - the Executive Agency "Automobile Administration" for violation of the legislation on licenses and taking of steps for its revocation. After exposure of arguments regarding the procedure for issuance of license and analysis of the facts and its compliance with the requirements for a license for transportation, the public authorities suspend the procedure for revocation of the license.

Practice: Maritime Law and Transport

Connection with other practices: Administrative Procedures and Regulations

Consultations on investigation initiated before the Commission for Protection of Competition regarding alleged violation of Bulgarian law on protection of competition and EU law in the distribution of expensive medicine

Our client is one of the leading wholesalers of medicinal products in the country. Another wholesaler filed a request to the Commission for Protection of Competition for conducting a check regarding an eventual violation of the Bulgarian law on protection of competition by our client and by one of the leading manufacturers in the global market of medicinal products concerning the dissemination of an expensive medicine in Bulgaria. The claims were filed for a breach of the Bulgarian competition law and art. 101 from TFEU. The law firm advised the client in preparing the required by the Commission for Protection of Competition information and documents in the case, and in the preparation for the future protection in the case. Currently the Commission for Protection of Competition is carrying out a preliminary study.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Competition Law

Consultation on a decision of the contracting authority for ranking of a participant in a public procurement who has offered a price that does not cover production costs

Our client has been involved in a public procurement procedure, in which it was ranked second. The successful tenderer has offered a price that does not cover production costs. This behavior has already been sanctioned as violating the rules for the implementation of fair competition by a decision of the Commission for Protection of Competition in 2012. The Law Firm advises the client regarding the defense against the public procurement conducted. An analysis has been performed of the behavior of competitor in order to take action before the Commission for Protection of Competition in connection with the failure of the Commission decision rendered under the Act on Protection of Competition.

Practice: Competition Law

Connection with other practices: Administrative Procedures and Regulations

Defense in respect of infringements of copyright in design

Our team provided advice to a client working in the field of public relations, on the occasion of a dispute between him and a political party for the use of a distinctive sign the rights over which are acquired by our client based on contract for manufacturing. Our analysis covered the issues of protection of copyright violated as a result of registering the trademark with the Patent Office, as well as the court order for protection upon violation of copyright.

Practice: Intellectual and Industrial Property

We represent a client in a procedure for implementation of Convention for avoiding double taxation with regard to an income from disposal of securities outside the regulated market at an amount of 15 000 000 euro

As a part of the assigned legal advice and representation of a foreign company with regard to the transfer of securities (shares, representing 17.6% from the capital of a Bulgarian stock company – a leading producer of fertilizer and chemical products) our team consulted the client on the taxation of the income from the sale of shares on the Bulgarian public company outside the regulated market, as well as on the taxation of income from dividends of Bulgarian residents distributed by the foreign company. In this connection, we analyzed the provisions under The Corporate Income Tax and The Convention for Avoiding the Double Taxation between Bulgaria and Lebanon. We prepared and filed the application for implementation of The Convention for Avoiding Double Taxation and at this moment we represent our client in the procedure for attestation of the grounds for applying the Convention before the Bulgarian Tax Administration.

Practice: Tax Law

Connection with other practices: Banking and Finance, Administrative Procedures and Regulations

Client support in a procedure for rescheduling of public duties

Kinkin and Partners consulted a client with regards to rescheduling his public duties under The Local Taxes and Fees Act for real estate tax and fees for waste because of temporary financial difficulties of the company. In this connection, we analyzed the conditions for rescheduling of the public duties and the documents needed to prove their existence as a part of the submission of the request for rescheduling of public obligations under The Tax and Social Insurance Procedure Code and The Local taxes and Fees Act. We prepared the request and successfully supported the client in the whole process, as a result of which the obligations to the municipality were rescheduled.

Practice: Tax Law

Connection with other practices: Administrative Procedures and Regulations

We provide consultations with regard to the implementation of a decision of The State Energy Regulatory Commission for the implementation on compensatory measures

In connection with court judgments with which the defined provisional prices for access to the transmission and distribution networks were canceled and Decision C – 6/ 13.03.2014 determining the final prices for access to the network, The State Energy Regulatory Commission adopted Decision КМ-1 from 13.03.2014 with which compensatory measures were defined for refund of paid by the producers of renewable energy amounts – due according to the provisional prices for access to the networks. Because of the different types of compensatory measures and the various practices of individual distribution companies we consult every our client individually on the actions that should be taken. We prepare and consult agreements with distribution companies, invitations for out-of-court settlement of disputes and the opportunities for submitting the dispute to the court.

Practice: Electric Power – Generation, Connectivity, Transactions

We advised the establishment and operation of balancing groups of producers of energy from renewable sources

Pursuant to the amendments of the applicable law for all electricity producers was implemented the obligation to conclude contracts with the operators of the energy grid for including their operating energy sites in special balancing energy groups of the operator. We have advised all our clients producers of energy on the matters concerning the conclusion of the contract with the operators of the energy grid.

Practice: Energy and Environment

We completed full legal analysis on investment project for construction and exploitation of small hydroelectric plant along the Iskar river with a capacity of 2500 Kw

Our team completed a legal analysis on an investment project in advanced stage of construction and operation of small hydroelectric plant with capacity of 2 500 kW. We have examined the procedures performed as well as the possibilities for modification of the project, its realization by another investor including all the necessary activities and administrative procedures for the commission of the facility and the legal opportunities for its realization.

Practice: Energy and Environment

We analyzed problems related to the access to the distribution network of producers of energy from renewable sources

With regard to more frequent problems with the access of producers of energy to the distribution networks despite the fact that the access is guaranteed we analyze and provide consultation concerning the validity of the contracts for grid connection and opportunities for prolonging the terms as well as the consequences in case of violation of the rights and obligations under the contracts but also the opportunities for purchase of the energy produced in the region of one distribution company to a different licensee.
We actively represent our clients with a negative resolution for conclusion of preliminary contracts for connection to the distribution network due to unsettled relations between the distribution company and The State Energy Regulatory Commission including proceedings before the State Commission for Energy and Water Regulation.

Practice: Energy and Environment

We represent our client in a dispute with non-governmental organizations on the validity of permits issued under the Water Act

Permits, issued pursuant to Water Act provisions, with holder our long term client, was appealed by non – government organizations, acting in environment field. The main motive of appealing the permits was non respected procedure, in which the Director of Water Basin Management Directorate has not performed the necessary verifications. The validity of the administrative acts was appealed after expiring the term for participation in public discussions and without presenting any abjections in previous stages of the procedure. In the appealing phase of the procedure we successfully defended the lack of legal interest of the NGOs to challenge the administrative acts because of missed opportunities for earlier participation in the procedure.

Practice: Environment and natural resources

We analyzed the necessity for making an environmental evaluation of regulation plans for investment proposals provided with decisions for assessing the need for Environmental impact assessment

Concerning the assigned comprehensive service of investment project, our team consulted ne necessity of performing independent procedure of environmental evaluation of spatial zoning plan for investment proposal, already provided with decision for need of Environmental impact assessment. We successfully implement the legal possibility for admission under decision of the administrative authority for only one of the environmental assessments of complex investment proposals.

Practice: Environment and natural resources

Connection with other practices: Real Estate. Urban Planning and Construction Works

We took part in procedures for the elaboration and approval of the updated Plans for management of river basin and the Plans for management of flood risk for the new period of 2016-2021

We consulted our clients with regard to their participation in procedures for development and approval of updated Management plans for the river basin management and the Plans for management of flood risk for the new period of 2016-2021. We acted as their proxy in the procedures of public discussions organized by the competent authority by presenting the corresponding relevant statements.

Practice: Environment and natural resources

We prepared an amendment of investment projects for construction and operation of energy sites because of a new green best technology in the industry

We took part in a procedure and prepared the necessary documentation on amendment of the investment project for construction and operation of energy sites because of a new green best technology in the industry,as well as related to this amendment procedures on a new assessment of the necessity of assessment of the environmental impact.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

Consultation on contract for manufacturing of advertisement

We advised the client who as a contractor had entered into a contract for the production of a television advertisement. The video is subject to copyright, holders of which are the director, the screenwriter and the cinematographer. There have been negotiations with the producer in connection with the granting to the assignor of the exclusive right to revise, adapt and insert any kind of changes to the developed under the contract TV spot and to use it to create a new produced by it advertisement.

Practice: Intellectual and Industrial Property

Consultations on the order of the contracting authority for ranking a participant in a public procurement, who has offered a price that does not cover the production costs

Our client was involved in a public procurement procedure whereit was ranked second. The successful tender had offered a price that does not cover the production costs. This behavior had already been sanctioned as violating the rules for the implementation of fair competition by a decision of the Commission for Protection of Competition in 2012. Our team advised the client about the legality of the conducted public procurement. An analysis was made in order to take action before the Commission for Protection of Competition in connection with the failure to comply with the Commission’s decision issued under the Law on Protection of Competition.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Competition Law

We have provided consultations for building and management of an orchard in Bulgaria

We have provided consultations to our client in the process of building and managing of cherry orchard in Bulgaria. We have provided legal services in connection with acquisition of real estates, including legal analysis of property rights and representation in the final Notary confession of the transactions. We have advised the investor in respect of the legal requirements for the establishment of such objects in Bulgaria and specific administrative procedures. We have represented and assisted the client in the negotiation of an agreement on farm management and in preparation of the necessary documents.

Practice: Real Estate, urban planning and construction works

Connection with other practices: Corporate and Commercial Law

Our team has provided consultations on options for purchase of real estates

In liquidation procedure of a legal entity, we have explored the options for acquisition by the shareholders in the form of liquidation shares of the Company's real estates. We have provided advice on the application of the properties in the cadastral map.

Practice: Real Estate, urban planning and construction works

We have provided consultations to our client in connection with rental relations

We have consulted a leading company in the field of clothing and haute couture, with well-developed network of stores in all major cities in Bulgaria, with the conclusion, renegotiation of terms and termination of lease contract of premises in the largest shopping centers in Bulgaria.

Practice: Real Estate, urban planning and construction works

We have participated in the process of settlement of vineyard in Bulgaria

We have participated in the process of settlement of vineyard in Bulgaria, including in the process of purchasing of real estate for the investment, we have assigned the designing of the project and supply the necessary seedlings. We have provided legal advice on specific administrative procedures for registration of the vineyard and applying for financial support under the National Programme for support of the wine sector.

Practice: Real Estate, urban planning and construction works

Representation of the Nongovernmental Organization of Producers of Electricity from Renewable Sources and its members in an appeal of a decision of the State Energy and Water Regulatory Commission on setting prices for access to the electricity network

Our team provides legal assistance and representation to a non-governmental organization – the Alliance of Producers of Electricity from Renewable Sources in the judicial review of a decision of the State Energy and Water Regulatory Commission that established and set prices for access to the electricity network. No such taxes had existed prior to the adoption of the contested decision and its stipulations violated various provisions of European and international law in the field of power generation from renewable sources. Additionally, the procedural rules for the adoption of such decisions by the energy regulator were also violated. The introduction of access prices and the way their pricing was determinedled to significant losses for the energy producers and to uncertainty in the implementation of investment projects of this kind in Bulgaria.
The Supreme Administrative Court upheld the appeal of our two institutions and annulled the decision of the State Energy and Water Regulatory Commission as unlawful.

Practice: Litigation

Connection with other practices: Energy and Renewable Energy Sources

We provided consultations on the financing and acquisition of a business and trade center at amount of EUR 16 000 000

We  provided consultations on a transaction for acquisition and operation of an already built business and trade center and its financing at total amount of EUR 16 000 000. We participated in the negotiations with the financing Bank and we provided consultations regarding the establishment of the respective guaranties and the whole structuring of the transaction. We supported the process of re-negotiation of some of the clauses of the loan contract with the Bank.

Practice: Banking and Finance

Connection with other practices: Real Estate. Urban Planning and Construction Works, Urban Planning and Development Procedures, Tax Law, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions

Advice in relation to alleged breaches of the Bulgarian legislation on competition and European Union law in relation to the dissemination in Bulgaria of an expensive medicine

Our client is one of the leading wholesalers of medicinal products in the country. A request was filed to the Commission for Protection of Competition from another wholesaler for conducting a check regarding an eventual violation of the Bulgarian law on protection of competition by our client and one of the leading manufacturers in the global market of medicinal products concerning the dissemination in Bulgaria of an expensive medicine. The claims are for breach of the Bulgarian competition law and art. 101 of TFEU. Our team advises the client in the preparing of the required by the Commission for Protection of Competition information and documents in the case, and in the preparation of the future defense under the case. Currently a preliminary study by the Commission for Protection of Competition is being carried out.

Practice: Competition Law

Connection with other practices: Administrative Procedures and Regulations

Transfer of shares and acceptance of a partner in Limited liability company (LTD) in compliance with antitrust laws

The Law Firm was assigned to execute the transfer of shares in a limited liability company (LTD), the control of the procedure of implementation of the commitments and obligations between the parties and the registration of the change in the capital structure in the respective registers. Specific in this case was the fact that the buyer of shares operates in the same market in which its business operates and the company whose shares were transferred

In this connection, the transaction needed an investigation of the matter whether authorization is required by the Commission for protection of competition by the possibility of establishing a dominant position of the participants in the transaction. After a made request on behalf of the client, the regulatory authority authorizes the transaction.

In addition, our team was responsible for preparation of corporate documents and to protect the rights and interests of the minority partner. The company contract was coordinated with the arrangements reached between the partners - a special procedure for convening and conduction of General assemblies of shareholders on special majorities within the competence of the General Assembly, distribution management and representation of the company, etc.

Practice: Corporate and Commercial Law

Connection with other practices: Banking and finance

Transfer of the vote right in Joint-stock company

Our client - a foreign legal entity, shareholder in Bulgarian company, asked the Law Firm for an opinion on the issue of the ability to transfer the exercise of his right of vote in favor of a third party. The client requested to be prepared also all documents, governing the relationship between the parties in this regard

Our lawyers have done a deep analysis of the issue, including the authorization of legal practice and provided the client reasoned proposal for a form that can be made in order to exercise the right of vote. The basis of the proposal was to guarantee the rights and interests of the client in order to enable the announcement of the powers for negligible

In the course of our the work we have prepared a special power of attorney and a contract, which included a commitment of the principal and the authorized person and their ability to effect the general assemblies of the shareholders of the Bulgarian company. The specific in this case was the need to harmonize the existing legal norms and rules of the Laws of the company with the specific regulations of local client’s legislations and the commitment by him arrangements to the other shareholders in the company. The additional feature was the fact that our client wishes to transfer the exercise of his rights to vote only to a part of his shares in the capital of the Bulgarian company.

Practice: Corporate and Commercial Law

Procedure in insolvency procedure as syndic of the debtor

Kinkin & Partners has long experience and specializes in the liquidation and insolvency of companies. A lawyer from our team is syndic, registered in the list of the Ministry of Justice. In this regard, in 2013 we were assigned to provide legal consultations on a case of a company declared in insolvency, which requires a syndic. The main creditor of the company indicates a lawyer from our Law Firm who was elected for syndic and took the affairs of the insolvent debtor.

The team of the Law Firm is committed with the leading of the debtor’s activities and liquidation of its property. Part of the assigned tasks included participation in court proceedings in insolvency, maintaining the records of the insolvency company, maintaining lists of submitted and accepted, respectively missed receivables and others.

Practice: Liquidation and Insolvency

Participation in insolvency procedure on behalf of creditor

Our team is working in a case of a client who is a creditor of a trade company against which in 2013 an insolvency procedure was opened. The lawyers involved in the case are representing the client even before the start of the court proceedings against his contractor. We have provided consultations to a client in order to ensure timely his receivables to the insolvent debtor. Its existing receivables were converted to cash in view of their easier entry into production and acceptance by the syndic of the debtor.

At started in 2011 proceeding for declaring the debtor in insolvency, we were authorized by our colleagues from the justice department in the Law Firm in order to its prompt accession and the opportunity to influence the process of collecting evidence and establishing the relevant circumstances of the case. As a result, a proceedings for declaring in insolvency of the debtor was opened.
Our services included participation in court proceedings of the case for insolvency, claiming receivables of the client and their inclusion in the lists of approved receivables by the syndic, the preparation of objections against receivables of other creditors of the debtor company and participation in the general assembly of creditors. Upon our initiative, a recovery plan was started for reorganization of a debtor company. We have supported the preparation of a recovery plan by the syndic, which to date has submitted to the court for consideration and adoption by the meeting of creditors
Taking into account the situation of our clients as unsecured creditor of the insolvent debtor, the goal of our team was to provide to the creditor a better position and the opportunity to participate in the control of the insolvency proceedings. As far as participating Bank in the process is a secured creditor Bank, we are committed to the goal to find a way to recover the debtor and to find new serious investor to finance the operations of the insolvent debtor.

Practice: Liquidation and Insolvency

Connection with other practices: Banking and Finance

Restructuring of shares and financial obligations

Law Firm was assigned provide a legal analysis of the client's company, corporate restructurings obligations to creditors and issue an opinion that contains options for solving the existing problems between the partners. Lawyers involved in the project, carried out a detailed investigation of the assets and liabilities of the company, in order to determine whether it is in insolvency and whether the initiation of proceedings for a declaration of bankruptcy to be started. The purpose of conducting a legal analysis of the company is to establish its actual condition and allow its owners to make realistic and reasonable choice whether the company to continue its activity.

At the same time our team was directly involved in the ongoing negotiations with the creditors of the company of the client. On behalf of the client we have prepared well reasoned proposals to credit institutions. The aim is to achieve better conditions and to give the company of our client the opportunity to restart its activities, providing a period in which the company will restore its positions.

Meanwhile, through the drafting and signing of a group of financial agreements, we have achieved better conditions for crediting to the company by third parties, as the existing liabilities were transferred to the new creditor and had extended the deadline for the return of granted credit. Part of our commitment in this case was the establishment of guarantees in favor of the assignee.

The Law Firm was involved in the restructuring of the shareholding in the company. Our team is assigned to find a solution to the specific situation at which the company's management is faced. Our task is to solve the problems associated with the convening and conduction of general assemblies of shareholders, who have no solution in the current legislation. Our team is working on the creation of the relevant corporate documents, where a simplified procedure for convening and conduction of general assemblies and determine the working majority to be settled.

Practice: Corporate and Commercial Law

Connection with other practices: Banking and finance

We have advised the payment of specific remuneration

We have represented our client in legal proceeding, related with the payment of specific remuneration, compensation for lack of remuneration due to enlarged prior notice period and due to unpaid compensation for unused paid leave. The claim was respected by the court and the amounts were paid in full.

Practice: Labor and Social Security Law

We have investigated the labor-law and insurance aspects upon nomination of procurators in accordance with Labor Code

We have provided consultations in relation with the choice and nomination of procurator in commercial company, including advise on matters for transformation of the labor relation into civil and all related with this items from insurance perspective.

Practice: Labor and Social Security Law

Restructuring and financing of shares in a company with special purpose

Our long term client, together with his foreign partner, has invested in the development and management of tourist apartment complex, located on the northern coast of the Black Sea, has asked the Law Firm for assistance in restructuring and implementation of the project financing and shareholding of the partners in a company established specifically for this purpose

The Law Firm commitments of the project included the preparation of a legal analysis, which should contain specific proposals for carrying out the restructuring, including the possible forms and procedures. The Lawyers who were involved in the work on the case, determined the conditions for the transfer of shareholding of the leaving investment partner, and participated in the renegotiation of the terms of contracts for the project.

The team of the Law Firm has participated in conducting of negotiations between the parties, and advised the client in arranging guarantees for the transaction. Some of the services provided include preparation and coordination of all documents (including contracts for assignment of claims, notifications and confirmations, corporate documents of the parties for the transfer of shares, amendments in management authorities, etc). Our commitments included supervision of the transfer of shareholdings in the company, implementing the project, compliance with the guarantees provided and the registration of the transfer in the relevant registers.

Practice: Corporate and Commercial Law

We have advised our client in the procedures for the acquisition of rights over real estate - private municipal and municipal public property

We have provided consultations to Bulgarian investors in the procedures for acquisition of rights over real estate - private municipal and municipal public property in northwestern Bulgaria. We have represented the client in front of the respective local authority with a view to the successful completion of the procedures for the establishment of property rights on lands and change of their use.

Practice: Real Estate, urban planning and construction works

Our team has advised the amendment and restructuring of the personnel in huge Bulgarian company.

We have advised our client in relation with the whole process of reorganization of the structure of the company. All contracts with the employees were amended and supplemented. We have drafted the new structure of the company, new job descriptions of all employees and internal acts, needed in relation with the employees of the company.

Practice: Labor and Social Security Law

Registration of trade representative office of foreign bank at the territory of Bulgaria

Our client - a foreign bank, asked us for assistance in its penetration of the Bulgarian market. Intentions of the client were to create a representative office at the territory of the country and to launch a network of contacts and find a potential partners. The Law Firm was assigned to carry out a procedure for the establishment and registration of a trade representative office of a foreign bank in Bulgaria. Our team has provided in this regard legal services included the preparation of a legal opinion on the requirements of the Bulgarian and European legislation.

In this case it was necessary to comply with the specific local customer legislation governing the banking Institution, the bank's internal rules related to the establishment of trade representative office abroad and powers of the governing authorities and the documents that the parent company was required to prepare and present to the Bulgarian authorities. In this regard, our team has been working with members of the legal department of the client.

The client was consulted in connection with the structuring of the trade representative office, including we have prepared relevant internal rules and documentation for the representative office and its personnel. Some of the provided services include entering of representative office in the Commercial Register at the Bulgarian Chamber of Commerce and Bulstat Register.

In addition, our team advised the client on tax and labor issues related to the operation of the trade representative office. We have provided consultations on employment rights and obligations of trade representative office in its role of an employer in its relations with the person referred to its supervisor and ways the representative office to recruit personnel. At the same time, the client was consulted in matters of tax law related to the status of the representative office and its tax obligations and legal responsibilities.

Practice: Corporate and Commercial Law

Transfer of shares from the capital of a public company outside the regulated market (OTC)

The Law Firm was assigned to provide advice and representation in connection with the sale of shares of Bulgarian public company outside the regulated market (OTC). The transaction was carried out on behalf of a foreign legal entity as the shares were transferred to specially established joint stock company with foreign capital. Our team has prepared a detailed legal analysis of the characteristics of the group of transactions which were executed, and the applicability of the rules of the regulated market.

Our lawyers were deeply involved in the negotiations between the parties and in structuring the terms of the deal. Our team was asked to provide all documents related to the ownership of shares and the absence of any encumbrances thereon, and preparation of agreements on the transaction. Some of our duties include monitoring to the transfer of rights of the shares, compliance with the guarantees given and registration of the transaction in all relevant registers
The transfer of the shares was carried out according to the requirements of the Bulgarian legislation and the OTC market, despite the fact that the subject of the transaction were shares of a public company. The transaction was registered with the Central Depository of the investment mediator in the transaction, and the price was paid through a special escrow account through the bank selected by the parties.
The sale of shares was one of the largest in 2013. The buyer is a leading provider of innovative solutions in the field of fertilizers and as a result of the acquisition of shares of the Bulgarian company, it was able to enter the Bulgarian market for the production and distribution of fertilizers and ammonium nitrate. The investment is a part of the strategy of the buyer to expand their business market in Central and Eastern Europe

Practice: Corporate and Commercial Law

Connection with other practices: Banking and finance

Representation of investment companies in the field of energy in the appeal of the Plan of River Basin Management

We represent our clients, project companies, holders of rights for construction and exploitation of small hydro power plants on River Maritza in court procedure for appealing the River Basin Management Plan (RBMP) for the river. The plan was adopted in 2010 by the Ministry of Environment and Waters and was appealed, because of the prohibitions for construction of HPPs, provided by the Plan not respecting the acquired rights for water abstraction, pursuant to previously issued and valid permits for water abstraction. Our lawyers represented our clients in a long-term appeal, which began in 2010 and lasted over two instatsii the Supreme Administrative Court. In the course of proceedings we requested a preliminary ruling on EU law in the field of energy from the Court of Justice of the European Union. The decision of the five-member panel of the Supreme Administrative Court upheld our complaint and the parts of the planthat violated the rights of our client ere canceled.

Practice: Litigation

Connection with other practices: Environment and Natural Resources, Energy and Renewable Energy Sources

Defense before the Commission for Protection of Competition on the occasion of an addressed signal against a competitor of our client for unfair competition, comparative and misleading advertising

The Law Firm consults one of the main importers of a famous brand cosmetic product. We assisted our client with filing a signal in front of the Commission for Protection of Competition for unfair competition, comparative and misleading advertising on behalf of a competitor. The signal was filed because the competitor sold its stores a cosmetic product, for which our client is the exclusive distributor and which was not purchased from our client. Additionally, the competitor had placed the name and address of our client on the label of the product that was purchased from another distributor. As a result of the defense of our client, the unlawful practices were significantly limited..

Practice: Administrative Procedures and Public Procurement

Defense in proceedings before the Commission for Protection of Competition on the occasion of filed by our client signal of unfair competition, comparative and misleading advertising

Our team consulted one of the major importers of a famous brand cosmetic product. Before the Commission for Protection of Competition a starting signal was filed for unfair competition, comparative and misleading advertising against a competitor of our client who sells in its stores a cosmetic product which is not purchased from our client - the exclusive distributor of this product. The competitor places on the labels of the product, purchased from another distributor, the name and address of our client. As a result of the defense rendered the unfair practices were significantly limited.

Practice: Competition Law

Our team examined The Regulation in EU Law for the effective utilization of water resources

With regard to prepared references to the European Court of Justice, we conducted a comprehensive analysis to the regulatory framework under The EU Law, related to the effective utilization of water resources and evaluation of investment projects aseligible and their application and compliance with the Bulgarian legislation and administrative acts.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources, Litigation

We provided consultations with regard to the actualization of the parameters water usage under The Water act

We consulted our long-standing client with regard to the necessary administrative procedures for amendment of the parameters under permits for water usage, issued under the Water Act for energy production by hydro electric plant. The change was necessary because of a change in the capacity of sites and errors found in the first issue of the act primarily in terms of planned elevations and geographic coordinates as well as the usage of innovative technology for the production of electricity. In the procedures the place for water usage was changed and the nominal energy output of the facilities also.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We analyzed the necessity for conducting new coordination procedures under the Environmental Protection Act and Biological diversity Act with connection to an amendment of the parameters of an investment proposal

With regard to an amendment and actualization of the parameters of already agreed investment proposal we consulted our client about the necessity to inform the competent environmental authorities about the change. As a result of the prepared by us opinions, the competent environmental authorities considered that for a change of the parameters it is not necessary a new assessment procedure of environmental impact to be implemented .

Practice: Environment and natural resources

We provided consultations with regard to the opportunities for changing the holder of permits for water use under the Water Act

With our support the holder of permits for water use under the Water Act was changed. As the law does not allow direct transfer of acquired rights we examined all the legal possibilities for transferring the rights for water usage to different investment companies. The separation of the project was realized through the company transformation under The Commercial Law.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources, Corporate and Commercial Law

We took part in procedure for approving on Assessment report for the compatibility of the investment project for the Ministry of Environmental and Water. We provide legal representation due to disputes initiated by three NGOs concerning the positive decision of the ministry

We consulted our client in connection with the process for approval of a report on assessment of the compatibility status of the affected protected areas from The National ecological net Natura 2000. The report is conducted by professionals in the sphere and after its detailed examination it was approved by the Ministry of Environmental and Water in 2013 as a positive decision was given and with it the realization of the project was agreed. The Decision of the Minister of Environment and Water was appealed by three non-governmental organizations. We represent our client as interested party in pre-tail processing and at the end of 2013 the decision of the Minister of the Environment and Water was confirmed. Following the decision of the cassation instance the case was referred back for reconsideration by the lower instance.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources, Litigation

Representation of a client in proceedings before the Commission for Protection of Competition on false declarations in procedures for procurement

We represent our client, a licensed operator of food vouchers for the territory of Bulgaria, in the proceedings brought against him before the Commission for Protection of Competition in under claims for declaring false facts in public procurement procedures. The Law firm filed on behalf of the client a request with the same subject matter against the complainant operator. The appeal of our client included a request for investigation of unfair competitive practices in procurement procedures of the complainant operator. Additionally, on behalf of our client we filed for a review of the competitor on the use of unfair trade practices. The firm consults our client on all aspects of the two procedures and continued litigation on the appeal the Commission's decision before the Supreme Administrative Court.

Practice: Litigation

Connection with other practices: Competition Law

We took part in a procedure for adoption of environmental assessment of The National Action Plan for renewable energy

Lawyers from our team took part in a procedure for public discussions of The National Action Plan concerning hydroelectric energy and its environment assessment. In the procedure for validation of the environmental assessment of the Plan of the Ministry of Environment and Water we presented many statements in the administrative authority concerning the conformity of the reports on the environmental assessment with the predictions of the current legislation and the relevant provisions of EU law, governing the procedures on different assessment in the field of environmental renewable energy projects.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources, Administrative Procedures and Public Procurement

We provided consultation concerning the taxation specifics for real estate that falls within the flood zones of small hydro power plants based on The Local Taxes and Fees Act

We provided our long-standing client with a legal statement under The Local Taxes and Fees Act concerning the taxation of real estate that falls within flood areas of small hydro power plants as well as with the opportunities for reduction of the tax and waste fee of the properties. In this connection, we provided full analysis on the status of the real estate with regards to The Local Taxes and Fees Act, including the objects of taxation, the obligation for the properties to be declared and for payment of local taxes and fees, the determination of the tax base and the possible sanctions if the obligations for declaring the properties and payment of the local taxes and fees are not fulfilled.

Practice: Tax Law

We represented our client in an appeal of a tax assessment bill concerning rejected tax credit at barter

Kinkin and Partners represented a client before the Supreme Administrative Court in an appeal of a tax assessment bill concerning rejected tax credit under the VAT Act, due to the tax authorities not recognizing the client’s delivery . We have consulted our client with regard to taxation in terms of VAT on delivery of building permission for building service and the base for taxation with VAT for the delivery of building services. In this connection, we provided a detailed consultation concerning the barter terms of tax legislation and the recent practice of the Court of Justice at the European Union. We prepared an analysis of the practice of the Court of Justice at the European Union on these issues and its implementation in Bulgarian courts.

Practice: Tax Law

Connection with other practices: Ligitation

Our team consulted with regard to the possibilities for limiting the production of renewable energy by electricity distribution companies

We consulted our client with regard to the legitimacy of measures imposed by the Electricity system operator to limit the production of electricity from renewable energy projects with the motive - insufficient consumption of electricity. We analyzed the legitimacy of the entered by the distribution companies measures for temporary restriction of network access to producers of renewable energy as well as remote
suspension of the network access to such sites.

Practice: Energy and Environment

We took part in procedures of The State Energy Regulatory Commission with regard to the adoption of regulations applicable to producers of electricity by renewable sources

We provided legal consultation and accomplished representation in the procedures on adoption and approval by The State Energy Regulatory Commission of regulations applicable to producers of electricity by renewable sources, namely: General terms for access, new rules for trade with electricity and new order for regulation of electricity prices.

Practice: Energy and Environment

We consulted our client with regard to the fees for access to the transmission and distribution network producers of electricity from RES and their conformity with the law and represented him in the legal proceedings

We consulted all of our clients, producers of energy from renewable sources with regard to the conformity with the law of The Decision of the State Commission For Energy and Water Regulation issued in 2013 concerning the implementation of access fee to transmission and distribution network. Because of the numerous violations of the regulations and the internal energy legislation we filed complaints on behalf of our clients against The regulator's decision for implementation of fees. As a result of the proceedings initiated The Supreme Administrative Court abolished the decision of the regulator as unlawful.

Practice: Energy and Environment

Connection with other practices: Administrative Procedures and Regulations

We took part in a procedure for amendment of The Regulation for the conditions and method for issuing, transfer, cancellation and recognition of guarantees of origin for the energy produced by renewable energy sources

We provided legal statements and support related to initiated procedures for amendment of the Regulation for the conditions and method for issuing, transfer, cancellation and recognition of guarantees of origin for the energy produced by renewable energy sources. The Regulation is defined as inconsistent with the Law of renewable energy and Directive 2009/28/EC of The European parliament and of the Council of 23 April 2009 for encouragement the use of energy produced by renewable sources and amendment and subsequently for repeal of Directives 2001/77/ЕC and 2003/30/ЕC (ОВ, L 140/16 from 5 June 2009), in which a procedure is provided for issuance and transfer of guarantees of origins as a condition for payment at preferential price for electricity produced by renewable sources. As a result of our legal statement that we prepared for the State Energy and Water Regulatory, inconsistencies were removed.

Practice: Energy and Environment

We support the process for grid connection of the objects of producers

In connection with the commissioning of power plants and signed preliminary contracts for grid connection we provided consultations with regard to some problems that arose between the producers of energy and the grid operator concerning the conclusion of a final contract for grid connection and joining to the parallel of sites. The distribution company denied to sign the final contracts for grid connection due to technical impossibility for inclusion in the parallel of sites as well as due to outstanding relations with the transmission system operator. With our teams work the contracts for grid connection were signed and the objects entered into exploitation.

Practice: Energy and Environment

We consulted our client with regard to the finalization of contracts for purchase of electricity, produced from renewable energy sources

With regard to the commissioning of power plants, producing energy from renewable sources we advised our client with regard to the conclusion of contracts for the purchase of energy produced by the respective distribution company. We actively advised on the regulatory requirements and conditions for the sale of energy produced.

Practice: Energy and Environment

We provided full legal services on a project for productions of energy from renewable energy sources with a total installed capacity of 28,250 Kw and worth the investment- 116 million EUR

Since 2008 a team of lawyers is engaged with the complete legal assistance with regard to the implementation of the investment project for construction and operation on small hydropower plants of Fluvial type aimed utilization of renewable energy sources the River Iskar.The work on the legal service on the client covers, as the validity of research already carried to award procedures allowing the realizations of the investment proposal, as the validity of research already carried to award procedures allowing the realization of the investment proposal, also advise and analysis on the needed to carry out specific procedures and supply of specific administrative acts, required for constructions and operations of facilities, considering any change in the current legal framework in the field of energy.The installed capacity of all sites, included in the investment project amounted of to 25 2800kw MW, a total investment amount is 116 million euros,the founding is provided ,as the European bank for Reconstruction and Development, Bulgarian financial institutions and self-financing by the investors. The project is divided into three separate and district phases and it is provided with class investors. In 2009 with the help of our team had completed the first stage to the project and were commissioned in two energy projects 2013 finished the second stage,that were put into operation three energy facilities. The next step is starting the third and the last stage on the project. The consultations of our team cover the overall regulatory framework for the sector, the dynamics of the regulations and their direct application to the specifics of the project aiming to offer the best solutions for the particular case.

Practice: Energy and Environment

Connection with other practices: Environment, Banking and Finance, Real Estate. Urban Planning and Construction Works, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions, Administrative Procedures and Regulations

We registered a trade representative office of foreign bank institution in Bulgaria

We were assigned with the registration of a trade representative office of a foreign bank institution with long term practice in Bulgaria. The plans of the bank included the establishment of a trade representative office aimed at launching  a a network in Bulgaria for finding potential partners and clients. The Law Firm was involved in the implementation of the whole registration procedure of the bank’s trade representative office in Sofia. Our services included also the drafting of internal rules and documents for the representative office and its personnel.

Practice: Banking and Finance

We have provided consultations on conclusion of a contract for special bank account

We provided legal consultations and representation in relation with the transfer of the ownership of securities (shares representing 17,6 % from the capital of a Bulgarian joint-stock company – a leading producer of fertilizers and chemical products). The transaction was executed in accordance with the rules of the Bulgarian legislation at OTC market, and the sale price was transferred via a special bank account, established by a Bulgarian bank. Our team prepared a full legal analysis of the characteristics of the transaction, as well as of the specific law obligations and applicable legal framework. We actively participated in the negotiations between the parties and in the structuring of the transaction’s conditions. We were assigned with preparing all necessary documents for the transaction and ensuring the other party agreed with them. This included the agreement on the contract for the establishment of special bank account.

Practice: Banking and Finance

We have provided full legal services to an engineering company in connection with its wide range of activities in real estate, urban planning regulation and construction

We have advised our client, an engineering company specialized in consultancy (compliance assessment of investment projects, investigation on real estates, performing various administrative procedures, coordination of projects, construction process), in relation to compliance with the legal requirements for each of these activities. We have advised our client in the purchase of real estate for the construction of office building of the company and conducted an analysis of acceptable parameters for development in the area, according to the provisions of the approved Master Plan.

Practice: Real Estate, urban planning and construction works

We have conducted full legal analysis of real estate in connection with the project for the construction and operation of power plants

As part of the legal analysis for the purchase of project for construction and operation of three energy projects , we have conducted a full legal analysis of the affected real estate projects and we have provided preliminary advice on the necessary regulatory procedures and purchase of the affected areas in order to supply a building permit for each of the objects. After acquisition of the rights to the project, we have advised the client in the procedure for admission to the elaboration of draft Master plan for each of the objects.

Practice: Real Estate, urban planning and construction works

Connection with other practices: Energy and renewable energy sources, Environment and natural resources, Corporate and Commercial Law

We have provided consultations on procedures for urban planning , design and construction of engineering networks and technical infrastructure

We have provided consultations to union of landowners in a residential district in Sofia, established to carry out procedures for urban planning, design and construction of engineering networks and technical infrastructure in the area. We have prepared legal opinions on a wide range of issues related to the actions required by the various administrative procedures and legal requirements , including drafting and reviewing contracts for project management , design, development, investment and construction supervision.

Practice: Real Estate, urban planning and construction works

We have provided advice on the purchase of real estate , including legal analysis , change of use of the property and its rental

We provided consultations to our long term client with respect to the purchase of real estate on the territory of the Bulgarian Black Sea coast in the process of changing the status settlement. We have conducted preliminary legal analysis on the property, conducted a detailed investigation of procedures for change of use of the property and we have participated in the Notary confession of the transaction. Following the acquisition of the property, we have provided consultations on its rental and the structuring of the transaction. We have participated in the negotiations with potential tenants and the signing of the lease contract.

Practice: Real Estate, urban planning and construction works

We participated in a procedure for transformation of provided financing on behalf of shareholders in reserve or company capital

We provided consultations regarding the transformation of shareholders financing in reserve in a Bulgarian joint-stock company and produced an analysis of the eventual effects of such an operation on the company. We investigated all financial consequences related to the transformation of the financing. After this investigation, the financing was transformed into company capital.

Practice: Banking and Finance

We consulted the conclusion of a bridge loan contract at amount of EUR 4 500 000

We consulted the conclusion of a bridge loan contract at amount of EUR 4 500 000 provided by a Bulgarian bank at the provision of the respective collaterals and guarantees. The bridge credit was provided for a temporary need of turnover capitals for the development of investment activity in Bulgaria.

Practice: Banking and Finance

We consulted and represented an investment company in a procedure, related to the conclusion of necessary agreements for hedging an interest percent upon provided financing

We have consulted and represented an investment company in the conclusion of the necessary agreements for hedging of interest percent upon provided financing. The hedging was required by the financing institution for covering the interest risk upon the credit. The receivables of the bank under the transaction were secured by signing a conditional loan contract at amount of EUR 2,5 millions. We actively participated in the procedure for the loan conclusion contract under the conditions and the required letters of credit by the bank.

Practice: Banking and Finance

Representation of clients in proceedings before the Commission for Protection of Competition on the occasion of tenders below production cost in the award of public contracts

We represent our client, a licensed operator of food vouchers for the territory of Bulgaria, in the proceedings against him and eight other companies with signals to the Commission for Protection of Competition concerning the supply of services for the printing of vouchers at prices below production prices in procurement procedures. Two of the signals are submitted by our client, and the third by another person. The appeal of our client included a request for investigation of unfair competitive practices in procedures for procurement of the three competing companies. The three proceedings before the Commission were combined in one. The Commission has issued a decision that has been appealed by the parties before the Supreme Administrative Court. Through its decision the Commission has established violations executed by the parties, imposed fines, ordered termination of the violations and provided an immediate execution of the termination of the violations.

Practice: Litigation

Connection with other practices: Competition Law

Entitlement for implementation of investment projects and restructuring of committed financing

The Law Firm has performed legal analysis of a large investment project at amount of EUR 110 million for the construction and management of mountain resort, which includes hotels, sports and entertainment complex with its own ski slope and a wide range of services. We have analyzed the legal status of the company- owner of the investment projects and chief contractor of the construction of the complex, the condition of the company's assets , all contracts, concluded by the owner of the project, and their implementation, relations with banks and financing of the construction process

Our team was involved in negotiations with the banks for refinancing of the project and termination of the enforcement proceedings against the owner of the project. We have actively participated in the negotiations between clients and the company- owner of the project and negotiating the parameters of the proposed agreement

Our commitment of the project included the preparation of a legal analysis of proposals and options for action, transaction structuring, choice of appropriate legal form and preparation of relevant documentation, supervision of the transfer of ownership of the subsidiary company, the transfer of management control, compliance with the guarantees provided and registration of the transfer in the relevant registers

Practice: Corporate and Commercial Law

Connection with other practices: Banking and finance

Our team has investigated the legal value of clauses for limitation the rights of the employees for starting a new job at another employer, who operates with competitive activity

We have advised our client regarding the legal value of clauses for limitation the rights of the employees for starting a new job at another employer, who operates with competitive activity, in case that the a.m. clauses are entered in the labor contracts of the employees. Our client intended to conclude a contract with an employee, who has been working for his main competitor at the market, in whose contract and agreement for termination of the contract upon mutual consent, such limitations were entered.

Practice: Labor and Social Security Law

Establishment and management of business activity in Bulgaria

We have provided consultations to our client, a foreign legal entity, in the process of establishment and management of cherry orchard in Bulgaria. We have provided legal services in relation with the establishment of the Bulgarian company and executed amendments in the company structure. We have provided a legal statements to the client for the purpose of approving the Information Memorandum to raise funds from investors for projects in Bulgaria. This included a review of the status of the Bulgarian counterparts and land ownership in Bulgaria, as well as an opinion on the validity under Bulgarian legislation agreement on land management agreement and the future economy.

Practice: Corporate and Commercial Law

Connection with other practices: Banking and finance, Real Estate, urban planning and constructions works

Sale of trade activity

We are providing legal services to a client - a leading company in the market of clothing and haute couture, with exclusive rights for sales on the territory of Bulgaria of some of the most famous fashion brands in Europe and well-developed network of stores in all major Bulgarian cities - in connection with the sale of the client's business, associated with one of the brands that have the rights to distribute in Bulgaria.

We were involved in the legal analysis, provided by the lawyers of the buyer and agreed terms of the basic agreement for sale and purchase of shares in the company, holding the rights to the brand. We have made a detailed legal analysis of proposals on options for action and deal structuring , advising clients on the selection of appropriate legal form, we prepared the necessary documents, we have reviewed the transfer of ownership of the company - owner of the rights for sale at the territory of Bulgaria of the brand and transfer of management control and on compliance with the guarantees provided and registration of the transfer in the relevant registers.

We have supported the client in negotiating a franchise agreement with Italian fashion clothing label. With our help the client got exclusive rights for the sale of goods of the brand in Sofia. We have participated in negotiations with the representatives of fashion brands and helping the client at the conclusion of agreements with them. We have been assigned by a client in actively participation in the negotiations for renting premises with the owners of the largest shopping malls in Bulgaria.

Practice: Re-organization and Acquisition

Connection with other practices: Banking and finance

We revised the procedures for assessment of the necessity of Environmental Impact Assessment (EIA) and assessment of the compatibility

Within the assignment of legal analysis of investment project for construction of three energy facilities, we revised the conformity with the law and validity of the decisions for assessment of the necessity for EIA, as well as the related documentation presented by the assignor. We estimated the validity of the permits for water use under Water Act, as well as the opportunities for transferring the rights to third parties.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We have provided advice regarding the project for the purchase and operation of agricultural land in Bulgaria for growing of orchards

We have provided to our client, a foreign legal entity, legal opinions for the purpose of approving the Information Memorandum to raise funds from investors for the project in Bulgaria. The project is related to the purchase and operation of approximately 22 ha of agricultural land in Bulgaria for growing of orchards. The consultations included a review of the status and ownership of the land and an opinion on the validity under Bulgarian legislation of an agreement for agriculture land and on management agreement for the future orchard

Practice: Real Estate, urban planning and construction works

Connection with other practices: Banking and finance, Corporate and Commercial Law

We have analyzed the options for amendment of the labor payment system of employees in huge Bulgarian company

With a purpose to increase the efficiency of the employees, we have advised our client regarding the options for amendment of the salaries’ payment system of all employees in huge Bulgarian company. The main willingness of the client was to implement “bonus” system for labor payment, but without the basic salary of the employees to be reduced.

Practice: Labor and Social Security Law

Increase of company capital

The Law Firm has advised a client in connection with the restructuring of its financial liabilities and capital of the company, in order to provide additional financing to developed project at the territory of country for the construction of small hydropower plants. The main objective of the restructuring was to increase the confidence of the company in front of financial institutions. Specifics of the case was the rights of shareholders in the company to be ensured by providing them with the opportunity to enter shares in proportion to the increase of their shareholding.

The team, involved in the increase of capital actively participated in the negotiations between the shareholders in order to find the optimal option for participants to finance the company. The capital was increased by cash contributions and in this respect, our team communicated with banks and coordination between them in order to perform international bank transfers. Our task was to prepare the necessary corporate documents in connection with the capital increase and the entry of the change in the respective registers.

Practice: Corporate Law

Connection with other practices: Tax Law

Advice and representation in connection with the export of chemicals in Vietnam

Our team advised the client on a wide range of issues related to export of chemical products bearing its trademarks in Vietnam. Our analysis covered many issues related to international contract law and domestic law and the conflict of law rules of the two countries. We consulted export and delivery contracts, exclusive trade representation of a joint contractor of the client in the territory of Vietnam, and numerous accompanying agreements concerning confidentiality, licensing and leasing for the use of trademarks, framework contracts and distribution contracts.
Lawyers of the firm advised the client in connection with participation in administrative proceedings before the National Office of Intellectual Property of Vietnam on the occasion of procedure to register a contract for exclusive representation. Our activities included also an opinion concerning possible conflicts with local competition law on the granting of exclusive representation and violations of other companies distributing chemical products in Vietnam without the required license.

Practice: Intellectual and Industrial Property

Connection with other practices: Administrative Procedures and Public Procurement

Representation in relation to remuneration under forwarding contract despite the lack of written evidence of the contract

The lawyers from the law firm represented a forwarding company in connection with non-payment of the agreed remuneration by the consignor, the latter also contesting the provision of the service. A specific feature in this case was the lack of orders signed by a person with representing authority. Our lawyers were able to prove the assignment and its execution through a complex relation of commissioning and acceptance of the work by implicit consent and lack of explicit opposition – both regarding the loading of the goods and their acceptance by the addressee in accordance with the provisions of the Commerce Act and by the existence of a contract of sale of such goods of the assignor of the service and the recipient of the goods.

Practice: Maritime Law and Transport

Connection with other practices: Litigation

Consultations on investigation of alleged manipulation of tenders

Our team advised a client in connection with the initiated by the Commission for Protection of Competition investigation into an alleged manipulation of tenders. The check involved examining the behavior of the participants in several large public procurement contracts. The representation of the client continues in 2014 before a three-member panel of the Supreme Administrative Court.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Litigation, Competition Law

Defense in the investigation of alleged manipulation of tenders

Our team accomplished consulting of a client in connection initiated before the Commission for Protection of Competition investigation of the alleged manipulation of tenders. The check involved examining the behavior of the participants in several large public procurement contracts. The representation of the client continues in 2014 before a three-member panel of the Supreme Administrative Court.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Defense in connection with proceedings for establishing infringement of registered Community designs

Оur team is committed to consulting and legal protection of the client before the Sofia City Court in initiated proceedings against him for alleged violations of registered Community designs from one of the large German manufacturers of packaging machines. The appointed at our request court technical expertise found that there were no similarities between the manufactured by our client machines and the design registered by the applicant. The proceedings relate to direct application and interpretation of the Community law, as the court representation of clients continued in 2014 on the occasion of brought by the other side appeal.

Practice: Intellectual and Industrial Property

Connection with other practices: Litigation

Full legal consultations

The Law Firm has provided full legal consultations to our long term client in its relations with foreign contractors and in negotiations of the financing of its activities in Bulgaria. We were assigned to execute the restructuring of the financial obligations of the company and increase its capital. We have reviewed the financial position of the company and we gave an opinion which obligations to be capitalized. Lawyers working on the case have made full procedure for the assessment of such contributions, contact with appointed by the Commercial Registry experts and preparation of all corporate documents required for registration of in-kind and capital increase of the company in the Commercial Register

In view of the complex service, we have provided legal opinion on the conclusion of a franchise agreement with the famous English fashion clothing label. With our help the client received exclusive rights for the sale of the goods of the brand in Bulgaria.

Practice: Corporate Law

Settlement of relations between partners in limited liability company (LTD)

Our client, a company specialized in producing all kinds of glass, processing and sale of glass, has assigned to the Law Firm a legal analysis and statement of the existing relations between the company partners in accordance with corporate documents. With a view to the provided statement, we have proposed and options for restructuring of shares of the shareholders in the company.

The consultations included the implementation of the procedure for the release of some of the partners in the company, including the preparation of relevant documents. Part of the assigned tasks included updating of the corporate records of the company with a view to simplifying and facilitating the procedures for operation of the general assembly of shareholders (the convening of meetings, service calls, registering mailing address, reshaping of the majority of the taken decision, etc.)

Practice: Corporate Law

Restructuring of financial obligation through transfer of financial assets

The team of the Law Firm has provided legal advice to the investor in the construction of residential communities, whose main investment is the construction of a complex of 200 apartments, offices and spa complex in the city of Sofia, in a wide range of corporate matters relating to the status of its subsidiaries, capital increase, making a kind contribution of a rights, issue of shares and temporary certificates, preparation of internal company rules, keeping the register of shareholders

We also provided legal services related to the restructuring of client’s activity and the transfer of owned shares in subsidiary, to repay the company's debts. Our lawyers actively participated in the negotiations between the client and its contractors and negotiating the parameters of the proposed agreement

Our commitment of the project included a detailed examination of the legal status of the subsidiaries and preparation of legal analysis with proposals on options for action, structuring the transaction, selecting the most appropriate form and preparation of relevant documentation, supervision of the transfer of ownership of the subsidiary, transfer of management control, compliance with the guarantees and registration of the transfer in the relevant registers.

Practice: Re-organization and Acquisition

Connection with other practices: Energy and renewable energy sources

Transformation by splitting, transformation by changing the legal form

We provided comprehensive legal services to our long term client in connection with the development of a project for construction of three HPP among Ogosta river. Our consultations covered the structuring of the project, including finding the optimal legal form and structure of business financing. We advised the client in establishment of subsidiaries for construction and management of individual hydropower plants, as well as a conversion by splitting one of the companies involved in the project and the distribution of its assets among recipient companies to effectively manage and maintain the existing permits abstraction.

In this regard, we were assigned to find and implement the optimal legal instruments to realize the intentions of the client, preparation of all required documents and registration of changes in the respective registers.

We have supported the client in the process of transformation of the legal form of a limited liability company into a joint stock company, we have been involved in the negotiations, we have provided legal advice on the restructuring of the company's assets and determining the capital structure and drafted all documents related with the reorganization and recording the change in the respective registers.

Practice: Re-organization and Acquisition

Transformation by splitting, transformation by changing the legal form

We provided comprehensive legal services to our long term client in connection with the development of a project for construction of three HPP among Ogosta river. Our consultations covered the structuring of the project, including finding the optimal legal form and structure of business financing. We advised the client in establishment of subsidiaries for construction and management of individual hydropower plants, as well as a conversion by splitting one of the companies involved in the project and the distribution of its assets among recipient companies to effectively manage and maintain the existing permits abstraction.

In this regard, we were assigned to find and implement the optimal legal instruments to realize the intentions of the client, preparation of all required documents and registration of changes in the respective registers.

We have supported the client in the process of transformation of the legal form of a limited liability company into a joint stock company, we have been involved in the negotiations, we have provided legal advice on the restructuring of the company's assets and determining the capital structure and drafted all documents related with the reorganization and recording the change in the respective registers.

Practice: Corporate Law

Advice in provision of legal analysis and conclusion of a transaction for the sale of a shareholding in a company operating in the food industry

The team of the Law Firm consulted our client, a leading company in the food industry in the Balkans and in Europe as a manufacturer of snacks, biscuits and cakes and market penetration of confectionery in connection with restructuring of its activity and relationship between the shareholders. The involvement of our lawyers in the project included the development of a detailed legal analysis of the company and in particular its corporate structure, the relationship between shareholders, the activities of the company (powers quorum, a majority and others.)

Our team participated in the negotiations between the parties with respect to the transfer of shares of the company in the negotiation of securities transaction (advice and structuring of warranty contracts, pledge of provisional certificates, a contract of pledge of shares agreement, a pledge of rights to trademarks , registrations of national marks, Community and international brands and promissory notes), preparation of contracts for transfer of rights, permits and licenses , protection against competitive actions and disclosure of confidential information.

We have conducted a restructuring of the shareholding of the parties, as in this connection a special purpose vehicle (SPV) was established, which acquired the shares by contribution in its capital and structuring (agreed) the terms of the transaction for the transfer of shares. Part of our job was to supervise the transfer of ownership of shares, the transfer of management control, compliance to guarantees payment of the agreed price and control the execution of the shareholders' agreement, including to protect the rights and interests of shareholders, protection commercial confidentiality and compliance with the rules on competition

Practice: Re-organization and Acquisition

Defense before the Commission for Protection of Competition concerning unfair commercial practices in procedures for the award of public procurement contracts

Our team has been committed to client consultations in relation to combined proceedings before the Commission for Protection of Competition on cross-claims of the parties for unfair trade practices in procedures for the award of public procurement contracts. Subject to control was the behavior of three of the competitors of our client in the participation in public procurement procedures and the information provided in the preparation of the documentation for participation in procedures for the award of public procurement contracts. The representation of our client continued in 2013 before a five-member panel of the Supreme Administrative Court.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Consultation with regard to VAT on provision of professional services related to the sale and purchase of shares

Kinkin and Partners consulted a client with regard to a rejected by the authorities tax credit for provision of professional services related to the sale and purchase of shares. We supported our client with the submission of an objection against the tax assessment bill with proposal for denial of the tax credit for the company. We analyzed the relation between the provision of services and the economic activity of the tax liable company, as well as the rules for determining partial tax credit under Bulgarian VAT Act and Directive 2006/112/EC.

Practice: Tax Law

Connection with other practices: Administrative Procedures and Regulations

We consulted our client on the implementation of the Convention for Avoiding the Double Taxation between Bulgaria and Denmark

We consulted a client with regard to the possibility of becoming a resident for tax purposes in accordance with the Convention for Avoiding Double Taxation between Bulgaria and Denmark and the Bulgarian Personal Income Tax Law. We analyzed the taxation of dividends distributed to individuals and companies within the EU. We supported our client in structuring the transaction in terms of tax optimization and tax planning.

Practice: Tax Law

We researched the specifics for determining the tax base for real estate tax and waste fees and represented a client in appealing a tax assessment bill

Kinkin and Partners represented a client in the administrative and judicial phase of appealing the tax assessment bills which determined the obligation for property tax and waste fees for the company’s real estate. The dispute with the revenue administration was on whether according to the applicable accounting standards, the company had obligation to update property values for the purpose of determining the tax base. In this connection, we analyzed the proper accounting legislation and practice concerning the evaluation of fixed assets and consulted our client on the base for determining estate tax and waste fee for non-residential real estate property of a company.

Practice: Tax Law

Connection with other practices: Administrative Procedures and Regulations, Litigation

We prepared an investment process for the construction of a plant for production of electricity and thermal energy on combined method

We worked out a detailed investment process for the realization of the investment plan for the construction of a plant for production of electricity and thermal energy on combined method in order to evaluate the investment plan. All the necessary actions were examined in order to supply the project with the relevant environmental and construction permits as well as the ways for its joining to the gas distribution, electricity distribution and transmission network. Various options were developed for the provision of funding for the investment plan.

Practice: Energy and Environment

Attorneys from „Kinkin and partners“ took part in initiative for amendment on the existing legislation in the areas of energy produced from renewable resources

We actively took part in initiative for amendment on the existing legislation in the areas of electric energy produced from renewable resources. In this context , we prepared various legal opinions on the existence of legal inconsistences between domestic legislation and the regulations of EU Law, and options to supplement the existing legal framework in the sector. Procedures continue to relevant departments and competent authorities.

Practice: Energy and Environment

Our team protected the rights of a producer of ‘’green’’ energy with regard to a refusal for issuing a certificate of origin for the produced energy

In connection with a change in the regulations for the issuance of certificates of origin of electricity produced from renewable energy, on behalf of our client we appealed the decision of SEWRC, which denied issuing such a certificate due to missed deadline for filing. In 2012 the proceedings ended successfully because according to the new provisions of the regulation for issue of certificates such a certificate should be issued even in the cases of missed deadline but after the payment on behalf of the investors of the designated penalty.

Practice: Energy and Environment

Connection with other practices: Administrative Procedures and Regulations

We took part in the procedures for adoption of the National action plan on renewable energy

In the period 2011 – 2012 a team of our attorneys took part in the procedure for adoption of The national action plan on renewable energy and its environmental assessment as reasoned opinions on the proposed text in the plan were presented over its compliance with the relevant provision of the applicable Community Law and internal regulation as well as suggestions for amending the relevant text on The national action plan on renewable energy and its environmental assessment .After the final approval on the text of the Plan by the Council of Ministry of the Republic of Bulgaria in 2013 before the Supreme Administrative Court a process on challenging the same was ignited. The process ended with a decision for lack of legal interest for the appeal.
In 2013 we were engaged with the preparation of a statement concerning the Report for the progress of the Republic of Bulgaria in the encouragement and use of renewable energy and the consequences of it in connection with the removal of part of the preferences for producers of ‘’green’’ energy with new investment proposals.

Practice: Energy and Environment

Connection with other practices: Environment, Administrative Procedures and Regulations

Increase of company capital

The Law Firm Firm provides comprehensive legal services to our client, a subsidiary of an Italian company created in order to develop the investment project of the Italian investor in renewable energy for construction of hydropower plants among the Maritza River with a total installed capacity of the project over 23 MW. Legal services provided include assistance in increasing the company's capital, preparation of necessary documents and registration of changes in the relevant registers

Practice: Corporate Law

Connection with other practices: Banking and finance

The lawyers from „Kinkin and partner“ analyzed the provisions of The Plans for river basin management and their impact on investment projects for the construction and operation of Hydropower plants

With regard to the fulfillment of the obligation of the Republic of Bulgaria stipulated in The Water Framework Directive and Water Act, Ministry of Environment and Water approved the first plans for river basin management (RBMP) and they were notified to the European Commission on Environment. Since River basin management plan regulatory period 2010-2015, foresee the various restrictions and prohibition for activities in certain water objects, part of the corresponding river basin, we examined and analyzed their assumptions and their impact on investment projects for construction and operation of hydropower plant with acquired to the date of approval rights for the realization of the projects. We analyzed the compatibility of the stipulated in The River Basin Management Plans prohibitions for construction of hydropower plants with already acquired rights with provisions of Community law in the field of managing the water and assessment of investment projects for compatibility with environment. We analyzed the possibilities for amending approved RBMP. Due to incompetabilities leading to a direct prohibition for the construction of hydropower plants on the Maritsa River, regardless of acquired rights of water use we initiated legal procedures challenging the RBMP for The Maritsa River. Following the procedures the Minister’s of environment and water decision for approval of RBMP on River Martisa was abolished in the part in which RBMP prohibits the construction of Small hydro plants. The decision of the Supreme Court came into force in December 2013.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources, Administrative Process, Labour Disputes, Intellectual Property Rights

Consultations on unfair trade practices in procedures for the award of public contracts

Our team represents a client in combined proceedings before the Commission for Protection of Competition on cross-claims of the parties for unfair trade practices in procedures for the award of public procurement contracts. The behavior of three of the competitors of our client in the public procurement procedures and the information they provided in the documentation preparation for participation in procedures for the award of public contracts were examined. The representation of our client continued in 2013 before a five-member panel of the Supreme Administrative Court.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Litigation, Competition Law

We have advised our client in the procedure of urban planning regulation of real estate

We have advised our client in the procedure of urban planning regulation of real estate in the municipality of Tsarevo. In 2010, the Ministry of Regional Development and Public Works launched legal proceedings against the urban plans of neighboring properties, in connection with violation of the limits of the properties and damages of the coastlines, which are exclusive state property. We have provided representation to the client in the court proceedings as an interested party.

Practice: Real Estate, urban planning and construction works

Connection with other practices: Litigation

Financial obligation’s restructuring and reduction of share capital

The Law Firm is involved on behalf of a client in negotiations with the bank to negotiate the terms of a reduction of capital and maintaining the existing first ranking pledges over the shares of the company and guarantees, taking into account existing public-private partnership with municipality and with a view to the development of client’s projects. The reduction was carried out in order to meet legal requirements in relation to the net asset value of the company and maintain the confidence of financial institutions in the company. We prepared the necessary documents in connection with the capital reduction, preservation of pledge on shares and registration of the change in the respective registers.

Advising clients in relation to the conversion of a loan of EUR 1.5 million granted by one of the shareholders in reserve

Practice: Corporate Law

Connection with other practices: Banking and finance

Our team explored the impact of the amendments of the Water Act on investments projects for the construction and operation of the hydropower plants

With regard to the adopted in 2010 amendments of the Water Act and rearrangements concerning the issue of the necessary administrative permissions for energy utilization of water, we examined the impact of this amendment on investment projects, which at the date of adoption of the amendment have issued permission under the Water Act. We consulted our client with regard to the admission of the restrictions for the realization of projects for construction of hydropower plants according to the predictions of The Community Law and presented the relevant options in the Ministry of environment and Water.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

Representation of a client in a case of violated designs

Kinkin and Partners was assigned with the defense of a claim against Intrama Invest, a company registered in Bulgaria, whose sole owner is a German company, for violation of three industrial designs. The claim was deposited from one of the world’s largest manufacturers of packaging machines. The court appointed two separate expertises which examined the designs. Both expertises pointed that the three registered designs were not used in the machines of our client so the claim was dismissed. The other party appealed the decision and asked for a three-member expertise. The court of appeal dismissed the request as two expertises were already done and they both pointed the same conclusions.

Practice: Litigation

Connection with other practices: Intellectual and Industrial Property

Transformation by changing the legal form in the case of public-private partnership

We have supported our long term client in the course of change in its corporate structure. We were assigned to convert the client's company from a limited liability company into a joint stock company. Specific in this case was the fact that the client’s company is built on the principle of public- private partnership, with participation of Bulgarian municipality. This required consideration of existing special legal regulation of the activity of the municipality and the compliance of the procedures in the decisions of the local authorities - municipal council and mayor. The team of the Law Firm was involved in the preparation of legal opinions and reports, as well as attendance at meetings of various municipal committees and municipal council.

Focus of the lawyers was the choice of the most appropriate form of capital restructuring of the company to comply with legal requirements and existing percent that shareholders participate in it. At the same time, the aim of the transformation was to contribute to the achievement of the investment objectives of the shareholders and to increase the confidence of financial institutions in the realization of the main project of the company.

Practice: Re-organization and Acquisition

We provided consultations concerning the necessity for realization of the procedure estimating the compatibility of investment proposals, which are provided with Decisions for assessment of environmental impact

With regard to the implementation of the second phase of the project for the construction and exploitation of power plants, we consulted the investor on the need to implement a procedure assessing the compatibility of the investment proposal with the status of protected areas affected by Natura 2000.The realization of the investment proposal is coordinated with the predictions of our environmental legislation before the amendments of the Law on Biodiversity and before the establishment of the Natura 2000 network. We took part and also consulted the procedure for estimating the need for assessment of the compatibility, including the admissibility of construction in Natura 2000 sites. The practice was finalised with a positive decision of the Minister of the Environment and Water with which the realization of the phase part of the investment project was coordinated.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We consulted the conclusion of a factoring contract for receivables

We consulted our client regarding the conclusion of a factoring contract We represented the client in the negotiations with the factoring company, contractors and suppliers for reaching an agreement regarding the order and the conditions of the contracts and we drafted the necessary documents during the procedure.

Practice: Banking and Finance

We analyzed loan restructuring options and participated in the negotiations for an investment bank loan restructuring needed as a result of an amendment in the share structure of the company which had received the credit

We analyzed the different loan restructuring options and participated in the negotiations for an investment bank loan restructuring needed as a result of an amendment in the share structure of the company which had received the credit and the provision of financing for its activity in Bulgaria. Our assignment included a review, comments and proposals for the amendment of the loan contract, as well as consultations regarding the establishment of the necessary collaterals. We also participated in the renegotiation with the bank of some of the conditions under the loan contract.

Practice: Banking and Finance

We participated in procedure for the provision of an overdraft credit at amount of EUR 8 300 000

We consulted our client in relation to the provision of an overdraft credit of EUR 8 300 000 by a Bulgarian financial institution. The  credit was needed for the financing of activity of a foreign legal entity in Bulgaria. We actively participated in the negotiation with the financing bank and we provided legal consultations on the conditions of the overdraft credit contract and regarding the required guarantees by the bank.

Practice: Banking and Finance

Full legal service of the activity of the client

The Law firm provides comprehensive legal services to our client, a subsidiary of one of Europe's leading construction companies, specialized in application of specific technologies in the construction, reconstruction, strengthening and renovation of various buildings and structures (such as injections for classic high and low pressure consolidation and waterproofing and JET - pointing to consolidate the high-pressure rocks and loose soil) , including preparation of corporate documents, construction contracts, lease contracts.

Practice: Corporate Law

Connection with other practices: Real estate, urban planning and construction works

Conducted due diligence projects for construction and operation of five hydroelectric power plants pieces

As part of due diligence projects for construction and operation of five hydroelectric power plants pieces , performed an analysis of the status of the affected real estate investment plan and an analysis of the procedures that will be required for the acquisition of property rights over them and their control devices . In this regard, advising clients regarding the specific construction of hydropower plants. Following the acquisition of the investment project, an urban planning procedure of the affected areas has been started.

Practice: Real Estate, urban planning and construction works

Connection with other practices: Energy and renewable energy sources, Environment and natural resources

Consultations on provision of legal analysis and conclusion of transaction for sale of shares in a company for plant protection products

We have provided legal services to client in negotiations for sale of a part of its shares in Bulgarian company with a view to the entering of the buyer at the Bulgarian market of plant protection products. We have provided detailed legal statement regarding structuring the transaction, compliance with the specific requirements of the effective Bulgarian legislation, protection of rights and interests of the shareholders, all permits and licenses were kept, nevertheless the amendment of the ownership and the structure of the capital of the company.

Practice: Re-organization and Acquisition

We consulted the investors of a orchard creation project in Bulgaria regarding their financing provision

We supported the information memorandum approval process for the financing  for investors in an orchard creation and operation project in Bulgaria. The financing was to be provided by the acquisition of an investment company share. We consulted our client regarding the corporate conditions of the Bulgarian company-executor, the ownership of the agriculture plots in Bulgaria and the validity of the management agreements for agriculture and their relation to the project financing.

Practice: Banking and Finance

Connection with other practices: Real Estate. Urban Planning and Construction Works

We have advised a client on construction of resort on the Bulgarian Black Sea Coast

We have consulted our client in connection with the construction of the resort in the northern Bulgarian Black Sea coast. The project should be developed on the property with an area of 165,000 square meters and project investment cost is EUR 45 million. The procedure for the adoption of a new master plan for the area, where the investment project will be implemented was launched.

Practice: Real Estate, urban planning and construction works

Connection with other practices: Banking and finance, Corporate and Commercial Law

We have participated in procedure for reorganization of the structure of group of investment companies.

We have participated in procedure for reorganization of the structure of group of investment companies. All employees of the subsidiary, together with a part of its assets, went to the parent company. We have advised the client in the whole procedure in accordance with the compliance of the requirements of labor legislation, including termination of the existing contracts with employees, payment of due compensations, structuring of the new contracts, labor files of the employees, conclusion of the necessary contracts with Occupational Medicine, etc.

Practice: Labor and Social Security Law

Optimization of the corporate structure of the client and consultations upon establishment of subsidiary companies abroad

We have provided legal consultations to our long term client, a company-owner of the one of the biggest factories for production of products for plant protection on Balkan Peninsula, with extensive experience and established positions at the market in Europe, Asia and South America. The client has asked us for support in restructuring of its activity for export of produced products. The assigned task included the establishment of subsidiary and transfer the export activities to it. In addition, and in view to entering the company to Serbian market, the client has assigned also the establishment of the Serbian subsidiary company.

At the same time, our team was providing to the client on regular basis legal services on wide range corporate matters. Some of the tasks, assigned to the Law Firm are the service of the relations between shareholders (holding a general assemblies, drafting of relevant corporate documents, etc) in the company, as well as the provision of the legal regulation of the relations with the management entities – exemption of members, termination of their contracts and remission of the given guarantees, conclusion of contracts with newly selected members, opening of a bank accounts, supply with necessary permits and licenses.

The wide range of the legal services, which we provide to this client included consultations in relation with claims on corporate disputes, registration procedures of trade marks and following defense of the registered trade marks, representation in front of the respective registers.

Practice: Re-organization and Acquisition

Connection with other practices: Intellectual and Industrial property, Litigation

Advice in relation to proceedings before the Commission for Protection of Competition in connection with charges of offering services at prices below the cost of production and marketing

Our team advised a client in connection with several proceedings before the Commission for Protection of Competition concerning alleged execution of services at fees below the cost of realization. At our request, the majority of the participants in the relevant market were involved in the combined proceedings. In 2013 the representation of the client continued before a five-member panel of the Supreme Administrative Court. Key for the dispute were the findings that our client and the other competitors provide two different groups of users with two interconnected yet different types of services, while the product market includes all goods and services that can be accepted by consumers as interchangeable in terms of their characteristics, price and intended use. Based on this, it could be concluded that the provision of this specific service forms two distinct but vertically linked markets.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Litigation, Competition Law

Pre-provision of evidence before initiation of administrative proceedings in a case ofa preliminary execution of an order affecting our our client’s product

Kinkin and Partners Law Firm provides legal assistance and representation to a major manufacturer and supplier of processed and canned fruits, vegetables and nuts. We were assigned with the appeal of State Food Agency’s act for returning two packages of food delivered from Brazil. The act was issued based on the discrepancy of the food with the requirements of the legislation. The act was enforceable before its appeal which meant there was no possibility for examining the food and its accordance with the requirements of the legislation. Since there is no procedure of security of evidence in the administrative proceedings and before the administrative court, we asked the regional court to secure evidence by performing an expertise on the food on the grounds that this would be used in future appeals. The regional court allowed the expertise and secured the evidence. The food was transferred back to Brazil. The case is now before the administrative court and awaits the first court hearing where expertise from the procedure of the security of evidences would be adopted. The client would request a claim for damages against the State Food Agency for the value of the food and the expenses for the transport.

Practice: Litigation

Connection with other practices: Administrative Procedures and Public Procurement

Representation on appeal inspection certificate and return of overpaid taxes

The attorneys from Kinkin and partners team represented a client before the Administrative court for appealing an assessment act for paying taxes amounting to EUR 150 000 based on a different evaluation of the buildings possessed by the company. The court upheld our appeal. The National Revenue Agency appealed the decision and the Supreme administrative court confirmed the decision and decreed the National Revenue Agency to return the money – both the principal and the interest. Although the principal and interest were returned, the National Revenue Agency refusesto pay the accrued interest for the period between the payment and the return of the sum on the grounds of undue administrative authority. The tacit refusal was challenged in accordance with the legal deadline.

Practice: Litigation

Connection with other practices: Tax Law

Consultations regarding alleged unlawful concentration between undertakings by sale of assets, passing of staff and clients from a competitive company to our client

Our team has been committed to consultations to a client regarding alleged unlawful concentration between undertakings by sale of assets, change of staff and customers from competitor company to our client. In 2013 the dispute was finally resolved by the allegations of infringements of competition law being denied by the Commission for Protection of Competition.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Protection before the Commission for Protection of Competition and the annulment of a decision of a contracting authority under a public procurement because of lacking motivation in the act of selecting a contractor

We advised a client in relation to an appeal of the award of a public procurement contract on the basis of the contracting authority’s lack of motives for selecting a contractor. The Supreme Administrative Court upheld the decision of the CPC for annulment of the decision of the contracting authority and ordered the continuation of the tender from the stage of examination, evaluation and justification of the technical proposals of the participants.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Litigation

Advice and representation in connection with the settlement of a dispute over fuel supply and ship arrest

Our team is representing an international company - a leading ship broker and manufacturer of marine fuel and lubricants worldwide. The client connected with the Law firm via a law firm in the UK with a request for assistance in the settlement of the relationship between the client and the ship owner in connection with the supply of fuel. Our team is committed to initiating the procedure for the arrest of two ships at anchor in two Bulgarian Black Sea ports.

Practice: Maritime Law and Transport

Connection with other practices: Litigation

Consultations regarding a filed signal to the Commission for Protection of Competition on the occasion of alleged unlawful market concentration between companies due to sale of assets and transfer of staff and clients from a competitor company to our client

Our team consulted a client regarding alleged unlawful concentration proceedings before the Commission for Protection of Competition due to sale of assets and transfer of staff and customers from a competitor company to our client. In 2013 the case was resolved and the allegations of infringements of competition law were denied by the Commission for Protection of Competition.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Competition Law

Consultation on charges for offering services at prices below the cost of production and marketing

Our team was committed to consulting a client in connection with several proceedings before the Commission for Protection of Competition, initiated as a result of allegations for execution of services at fees below the cost of realization. In the combined procedures at our request the majority of participants in a given market were involved. In the dispute solution as crucial proved the findings that our client and the other competitors provide to two different groups of users two different types of services, though interconnected, as far as the product market includes all goods and services that can be accepted by consumers as interchangeable in terms of their characteristics, price and intended use, with emphasis on the importance of the interchangeability of the demand. Based on this, a conclusion was made that in the provision of this specific service two product but related vertically markets form.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Advice regarding a brand that has a reputation in the Republic of Bulgaria

Our client is one of the large manufacturers in the chemical industry with whom we work for many years. We have advised him in a wide range of administrative proceedings and out-of-court procedures concerning intellectual property rights and protection of trademarks. Our activities include studies of the Bulgarian and European legislation on the registration of Community trademarks, beneficiaries of protection in the European Union, as well as their use and presentation on the Community markets.
We represented the client at the conclusion of licensing agreements for granting the use of protected marks and their registration in the Patent Office, out-of-court settlement to resolve collisions between registered Community trademarks, procedures for obtaining the status of "brand with reputation" for its commercial brand in Bulgaria. We have participated on behalf of the client in proceedings before the Patent Office for protection in relation to requests made by competitors for deleting of the registered by our client brands. During the proceedings we presented detailed observations on the differences in the class of the product, ways of reaching the market and the types of consumers in the relevant markets.

Practice: Intellectual and Industrial Property

Connection with other practices: Administrative Procedures and Public Procurement

We have provided consultations to a foreign investor regarding the requirements of the Bulgarian legislation, related with the labor and insurance relations with employees.

We have provided consultations to a foreign investor with interest in registration of investment company in Bulgaria regarding the requirements of the Bulgarian legislation, related with the labor relations with employees in the company. We have drafted labor contracts, job descriptions, documents related with the compliance of healthy and safety labor conditions, files of the employees.

Practice: Labor and Social Security Law

We have advised the compliance of the specific requirements of the labor legislation regarding operators of energy objects

We have provided consultations to our client, energy enterprise, in relation with the compliance of the specific requirements of the labor legislation regarding operators of energy objects. We have participated in the preparation of the necessary documents (instruction papers, guidelines for compliance with safety labor conditions, etc), in accordance with the compliance of all regulations.

Practice: Labor and Social Security Law

Connection with other practices: Energy and Environment

We consulted our client with regard to declaring and taxation of an income from dividends

We consulted our client with regard to the taxation of income from dividends. Our team examined the obligations for declaring the income, withholding tax, as well as the application of the Convention for Avoiding Double Taxation related to these incomes.

Practice: Tax Law

Our team supported a client with the implementation of the rules for acquisition of machinery and equipment within the European Union

We provided consultation related to the implementation of the rules for acquisition of machinery and equipment within the European Union.

Practice: Tax Law

We consulted our client with regards to the tax effects of transferring real estate in Bulgaria

We provided consultations related to the opportunities and tax effects of transferring real estate in Bulgaria .In this connection we analyzed the opportunities for VAT refunds and the implementation of Convention for Avoiding Double Taxation with Norway.

Practice: Tax Law

We consulted the participation in the process of concession for utilization of energy resources in the Republic of Macedonia through the construction and operation 44 small hydroelectric plant

In connection with the open procedure for construction and operation of 44 small hydroelectric plants we consulted our client for the opportunities on registered in Bulgaria entities and associations to participate in the procedure and to be assigned to the concession contracts. We conducted full legal analysis on purchased tender documentation and prepared the registration of association of Bulgarian investors.

Practice: Energy and Environment

We consulted the implementation of Law for renewable energy in force since 2011

With regard to the adopted in 2011 Law for renewable energy, we provided statements to our clients, producers of electricity from renewable water sources, concerning the new requirements and regulations mainly related to the determination of preferential purchase prices of electricity produced by renewable energy sources, the order for connection of producers, exceptions to the law and the validity of documents and actions issued and taken under the Law for renewable and alternative energy sources and biofuels.

Practice: Energy and Environment

We provided a full legal analysis for construction and operation of electric hydropower plant on Mesta river

We were engaged with the legal analysis and research of the opportunities for acquisition of projects for constructing of small hydro power plant in river areas with installed capacity of 1.00MW. We prepared a full legal analysis on the investment project and an analysis of the opportunities for its realization and level of project readiness.

Practice: Energy and Environment

Connection with other practices: Environment

Our team consulted the realization of an investment project for energy recovery on Ogosta river waters by construction and exploitation of three small hydro power plants with installed capacity of 4,05 Mw

The „Kinkin and partners“ team have consulted the realization of an investment project for energy recovery on river Ogaosta’s water by construction and exploitation of three small hydro power plants with installed capacity of 4,05 Mw. With our support the status of the realization of the project was determined, all the acquired rights for the realization of the investment were analyzed as well as the acquisition of the project. Currently we provide legal assistance with regard to all the documents needed for starting the realization of the project, including settlement of relations with the competent distribution company, identifying opportunities for connecting and possibilities for preliminary contracts under the Law on Renewable Energy.

Practice: Energy and Environment

Connection with other practices: Environment, Banking and Finance, Real Estate. Urban Planning and Construction Works, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions, Administrative Procedures and Regulations

We have provided legal consultations to our client on the procedure for exclusion from the forest areas of public private and state-owned property

We are consulting a client in procedure for exclusion from forest fund of areas of state private and state public property, with a view to implementation of the investment projects. The process of acquiring of already excluded areas (privately state property) from forest fund areas was completed. The procedure related to the public-state owned property, is still ongoing.

Practice: Real Estate, urban planning and construction works

Consultation upon conclusion of a transaction for acquisition of a project for operation of trade and business center

We have provided full legal service of our long term client in relation with financing of a project for acquisition and putting into operation of trade and business center at amount of EUR 16 millions. The team of the Law Firm was involved in the provision of detailed legal analysis of the company – owner of the project for construction of the trade and business center. The advise on the project included analysis of the corporate structure of the company, the existing contracts and rights and obligations under them, as well as the determination of the assets and liabilities of the company. The main part of provided services by the Law Firm included the participation in negotiations with the bank, financing the project, structuring of the relations upon crediting and establishment of securities upon the transaction, as well as drafting the respective agreements. With a view to the provided legal analysis, the client was advised on the specific parameters for acquisition of the company-owner of the project and definition of the conditions upon the purchase.

Practice: Re-organization and Acquisition

Connection with other practices: Tax Law, Banking and finance, Real estate, urban planning and construction works

We have provided comprehensive legal services in connection with the implementation and operation of the business center, including public- private partnership with the Municipality

Once we have executed legal analysis with respect to the status of the land, issued permits for design and construction of a business center in southeastern Bulgaria , we have supported the successful completion of a deal for purchase of business center with total area of 8.000 square meters. We have been involved in the preparation and conclusion of all contracts related to the implementation and operation of the business center. The project includes a public-private partnership with the Municipality regarding the construction and operation of public parking in front of the shopping and business center.

Practice: Real Estate, urban planning and construction works

Connection with other practices: Banking and finance, Tax Law, Corporate and Commercial Law

Full corporate service of the activity of the client

The team of the Law Firm has provided a full legal service to a group of companies, operating its activity in Bulgaria and abroad in one of the most attractive sectors – development of renewable energy sources. In Bulgaria, through its subsidiaries, the investor has developed two huge projects at total amount of EUR 100 millions, related with project, construction and management of 14 small HEPPs among river Iskar and Maritza for production of pure energy. We have provided legal services to the companies from the group in relation with all their activities in Bulgaria, including: legal assistance and support in relation with preparation, organization and taking place of general assemblies of the shareholders, preparation of corporate documents, entering approved decisions in the respective registers, drafting documents regarding the organization and the internal order of the activity of the companies - internal rules for operation of management entities, rules for the internal order, management contracts, book of the shareholders and rules for guiding of the book, as well as drafting of different types of commercial contracts, related with the activity of the companies and execution of their projects in Bulgaria. The legal services, provided by the Law Firm, included all aspects of the execution of the projects, including choice of the most appropriate legal form for operation of the activity by the companies and financing of the projects.

Practice: Corporate Law

Connection with other practices: Banking and finance, Energy and renewable energy sources, Real estate, urban planning and construction works, Environment and natural resources

We have provided consultations to a Group of investors in connection with the purchase of real estates in Bulgaria

We are consulting a group of Norwegian investors, interested in purchase of real estates in tourist apartment complex at the Bulgarian Black Sea coast. We have represented our clients in the procedure for final legalization process of an acquisition of the investment property. We have provided consultations also on the tax aspects of the investment in Bulgaria and on the legal status of the Condominium (the general assembly of the owners) and management contracts of the complex.

Practice: Real Estate, urban planning and construction works

Connection with other practices: Tax Law

Structuring of a project for construction and operation of holiday village

The team of the Law Firm has advised our client in relation with the realization of investment project for construction and operation of holiday village at amount of EUR 20 millions. Our partnership with the client is based on a long term relations, which has been started in structuring the project. The lawyers, involved in the project, have provided a legal analysis of the investment intentions of the client. The purpose of the investigation was an optimal corporate structure for realization of the provided financing. The client was advised also upon defining of the type and number of the companies, between which the activities for realization of the investment to be distributed. A part of provided services by the Law Firm included consultations upon structuring of the provided financing. The main part of the activity of our team was the participation in negotiations between the parties in the project, as well as the drafting of the necessary contracts.

Practice: Corporate Law

Connection with other practices: Banking and finance, Tax Law

The Law Firm has performed legal services to Bulgarian investor in relation with a project for acquisition, consolidation and change of use of property

The team of the Law Firm has provided legal assistance to Bulgarian investor in relation with a project for acquisition, consolidation and change of use of the property with an area of more than 150,000 square meters near the Sofia airport. We have conducted a full legal analysis of the status of the land and the necessary documents in connection with the real estate procedures. We continue to advise clients on all aspects of the project.

Practice: Real Estate, urban planning and construction works

Conducted full due diligence on the ownership of real estate and their spatial regulation on the investment project for construction of a holiday village

We are consulting our long term client in connection with an investment project for the construction of a holiday village in the southern Bulgarian Black Sea coast. According to designed project, the built area is 21.000 square meters. We have prepared a full legal analysis of real estate ownership, the validity and legality of the procedures and their urban planning regulation and issued administrative acts. We have investigated the validity of the permissions for construction and concluded by the investor contracts.

Practice: Real Estate, urban planning and construction works

The lawyers from Kinkin and Partners Law Firm have defended the interests of an employer for claiming for illegal dismissal, compensation for damages due to the illegal dismissal and restoration of occupied position by an employee of the company

We have advised our client, a legal entity, regarding claims against the company for illegal dismissal, compensation for damages due to the illegal dismissal and restoration of occupied position by an employee of the company. We have been assigned also with the legal representation of a client.

Practice: Labor and Social Security Law

Connection with other practices: Litigation

Structuring of public-private partnership

Тhe team of the Law Firm has provided legal consultations to Bulgarian municipality in relation with its participation in public-private partnership with purpose to solve parking problems in the central city part through construction of underground public garage (parking) and forming of pedestrian zone in the city center. The solving of the existing problem had to be combined with the construction at the same time of investment project for modern trade and business center. Our team advised the client with a view to determine the parameters and the corporate structuring of the public-private partnership – a procedure and conditions for participation of the municipality in the project, legal form of the partnership and assistance for solving the matters, which rise in relation with the investment, made by the municipality as a form of support of the private initiative in the city, as well as its treatment as state support.

Practice: Corporate Law

Connection with other practices: Tax Law, Banking and finance, Real Estate, urban planning and constructions works

Our team consults the comprehensive investment project for construction of energy facilities

We are providing advice in relation with a long-term investment project for the construction of power plants, divided into three separate stages. The first stage of the project was completed, in 2013 - the second stage, consistently with the operation of five power plants.

We are supporting the overall activity of the investment company from the stage of acquisition of property rights on the affected property and authorizing construction to putting into operation of the energy facilities. We have prepared all contracts between the assignor and the participants in the construction process. We have advised the compliance with the specific requirements related to the construction of power plants.

Practice: Real Estate, urban planning and construction works

Connection with other practices: Energy and renewable energy sources, Environment and natural resources, Banking and finance, Litigation, Corporate and Commercial Law

We provided consultations on the financial aspects of contracts between a leading company in the apparel and haute couture industry and its foreign partners

We provided consultations on the financial aspects of contracts between a leading company in the apparel and haute couture industry and its foreign partners. We consulted our client in the restructuring of their financial obligations and in an increase of their capital. We participated in the negotiations for the conclusion of a franchise contract with foreign contractors, which resulted in the acquisition of exclusive rights for sale at the territory of Bulgaria.

Practice: Banking and Finance

Connection with other practices: Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions

We have consulted the comprehensive investment project for construction and operation of the resort on the Bulgarian Black Sea Coast.

A team of the Law Firm is consulting a Bulgarian investor and its foreign partner in connection with the development of a project for construction and operation of the resort on the Bulgarian Black Sea coast with a total area of about 26.000 square meters. Our consultations cover the entire development process of the investment - from issuing the necessary construction documents to the putting into operation of the objects and their subsequent implementation.

Practice: Real Estate, urban planning and construction works

Connection with other practices: Banking and finance, Corporate and Commercial Law

Our team has advised the possibilities for initiation of legal proceeding for protection of employee’s rights against illegal dismissal

Our team has advised the possibilities for initiation of legal proceeding for protection of employee’s rights against illegal dismissal, claiming for compensation for damages due to the illegal dismissal and restoration of the occupied position. Our client has been a long term Manager of a huge Bulgarian company with foreign participation.

As a result of our consultations, a legal proceeding was started, which was finalized with the payment of a huge compensation on behalf of an employer.

Practice: Labor and Social Security Law

Connection with other practices: Litigation

We analyzed a procedure estimating the need for Environmental impact assessment and estimating the compatibility of the investment proposal for construction and operation on five hydropower plants

In connection with the acquisition of a project for construction and realization of five hydroelectric power plants we conducted a comprehensive analysis of the implemented procedures for the issue of Decisions estimating the need for Environmental impact assessment and compatibility assessment for each site. Since the decisions are issued by different authorities (Regional Inspectorate of Environmental and Water and Ministry of Environment and water) we analyzed separately the information, submitted by the assignor in the course of the procedures. Within the verifications the procedures for issuing permits for water use under the Water Act were revised.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

Representation of the contracting authority in an appeal of a procedure regarding public procurement

Our team was engaged with the representation of a contracting authority before the Supreme Administrative Court in relation to an appeal of a procedure concerning the award of a contract for the development of information technologies aimed at improving the administrative services provided by the entity.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Litigation

Representation of Russian investors regarding default of other participants in the investment project

Our lawfirm represents Russian investors in a lawsuit against a Bulgarian company that develops hotel construction projects along the Bulgarian Black Sea. Our client provided an apportation contribution of € 14 million for a hotel construction project and a loan of € 2,000,000, which was to be used for the completion of the hotel project. However, the loaned amount was used for purposes other than specified in the contract, including high-risk investments in companies with distressed shares and mortgaged property, properties that were subsequently transferred without profit and loan payments to third parties to banks. As a consequence of the agreement infringement, the loan is now payable before the date set in the loan agreement. A claim was prosecuted before the Varna District Court, requesting the distress of the company’s property and arrest of its hotel properties as security for the reimbursement for the loan.
The company's lawyers have also brought actions to repeal the transfer of property to a third party via apportation so that the properties are returned in the patrimony of the company and be used for collection of the payable sums to our clients.

Practice: Litigation

Consultations on proceedings before the Commission for Protection of Competition concerning alleged concerted practices between competitors and sharing of "sensitive information"

Our team consulted a client in connection with initiated by him proceedings before the Commission for Protection of Competition and the Supreme Administrative Court in the field of prohibited agreements and concerted practices. The claims were for the sharing "sensitive information" between competitors, which created a risk of coordinated behavior of three of the competitors of our client. Additionally, this posed the risk of the competitors combining their efforts in providing a service together, which would put these companies in terms of advantage over the other companies that carry out the service on their own. The proceedings covered complex issues of antitrust law and the request to seek a preliminary ruling by the European Court of Justice.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Litigation, Competition Law

Consultations on the lack of clarity and transparency in the bids evaluation in a tender procedure

We represented a client before the Commission for Protection of Competition in an appeal of the award of a contract on the grounds of lack of clarity and transparency in the evaluation of the bids in the procedure. As a result of the initiated proceedings, the Commission for Protection of Competition ruled on the returning of the procurement procedure to the stage of review and assessment of tenders.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Litigation

Protection of a foreign investor in a case of “company theft”

The Law Firm is engaged in litigation on behalf of a Bulgarian private single-member limited liability company with a foreign investor as a sole owner of the capital. With a recent fraudulent registration in the Commercial Register by the Registry Agency, a false manager was instated as a representative of the Company without the prior consent of the sole owner of the capital, using a counterfeit protocol for nomination of manager. The false manager then proceeded to transfer all funds from the Company’s bank account to a third party on the ground of an invoice, issued by the third party in relation to an unnamed contract, which was never concluded nor was there any performance under it.
The Law Firm immediately took interim measures to ensure the preservation of the bank accounts of the third party by the Court and to replace the false manager. At the present moment two separate claims have been brought before the Sofia City Court. The first one is a claim for unjust enrichment as there were no grounds for the payment of the amount. The second one is a declarative action which aims to declare the registration of the new manager as void, since it was carried out without the legal prerequisite of a prior written consent of the sole owner of the Company capital.

Practice: Litigation

Connection with other practices: Corporate and Commercial Law

Legal advice and representation to clients in relation to procedures for arrest of merchant ships

Our team has provided advice and represented Bulgarian and foreign clients in relation to procedures for arrest of merchant ships in the ports of Varna and Burgas. The proceedings are instituted in connection with the securing of the future claims of customers for outstanding monetary obligations of ship owners, operators and charterers of vessels. We have provided legal advice on the regulation of the arrest of ships under Bulgarian law to foreign law firms. The law firm has access to the system for traffic management and information services for shipping, maintained and managed by the State Enterprise "Port Infrastructure", which allows us at any time to obtain information on the movement of vessels in the region of Varna and Burgas, and to initiate procedures for the arrest of ships on a request from our customers.

Practice: Maritime Law and Transport

Connection with other practices: Insurance Law, Litigation

Consultations regarding alleged inconsistencies in the bid of a participant in a public procurement procedure with the set by the contracting entity requirements

Our team advised a client in connection with an appeal of the decision of the contracting authority in a procedure for public procurement before the Commission for Protection of Competition and the Supreme Administrative Court. The appeal was based on the grounds of alleged inconsistencies in the bid of the bidder with the requirements that were set by the contracting authority.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Litigation, Competition Law

Request to seek a preliminary ruling to the ECJ concerning defense against concerted practices between competitors and the exchange of "sensitive information"

Our team was involved in legal consultations to a client regarding the formed on his own initiative procedure in the field of unauthorized agreements and concerted practices. The assertions were for sharing "sensitive information" between competitors, which created a risk of coordination and coordinated behavior of three of the competitors of our client, as well as combining their efforts in providing the service that puts these companies in terms of advantage over the other competitors who carry out the service on their own. Our activity included complex issues of antitrust law and the request to seek a preliminary ruling to the European Court of Justice.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Participation in procedures for trademark registration before the Patent Office, the Office for Harmonization in the Internal Market, Alicante and the International Bureau of the World Intellectual Property Organization, Geneva

Our team advised a client and performed representation in procedures for the registration of a mark as "registered trade mark" before the Patent Office, 'Community mark' before the Office for Harmonization in the Internal Market (Alicante, Spain) and "international brand" at the International Bureau of World intellectual Property Organization in Geneva.
Prepared is a detailed analysis of the conditions for release of the registrations, a study is made on the existence of similar marks, which could lead to denial of registration, as the protection that the applicant would receive in the performance of each of the registrations is outlined.

Practice: Intellectual and Industrial Property

Connection with other practices: Administrative Procedures and Public Procurement

We conducted a full legal analysis for a client in terms of the Bulgarian tax legislation concerning the tax treatment of interest payments and the possibilities for tax optimization

We conducted a full analysis and consultation related to payable in Bulgaria withholding tax on interest payments. We analyzed the relevant provisions of the Corporate Income Tax Act with regard to the taxation of interest income of foreign entities from a source in Bulgaria, including the case of realization of income through a business situated in the country. Our consultation included analysis of the taxation of interest income according to the Convention for Avoiding Double Taxation with the Netherlands, with Cyprus and with Hungary, and also according to the Directive 2003/48/ЕО 3 from June 2003 on taxation of income from savings under the form of interest rates, effective in Bulgaria after 31 December 2014. We consulted our client on the opportunities for tax optimization and the VAT aspects of the scheduled transactions.

Practice: Tax Law

The Law Firm team consulted with regard to VAT of intermediary services

We provided a legal statement concerning VAT of remuneration received by an EU company for intermediary services in connection with purchase of shares from Bulgarian companies.

Practice: Tax Law

We provided tax consultations on tax planning and the Convention for the Avoidance of Double Taxation

We provided consultation on international tax planning and implementation of the Convention for the Avoidance of Double Taxation with regard to a technical consultation for a small hydroelectric plant in Bulgaria. Our consultations were related to the financing of a major investment project in Bulgaria.

Practice: Tax Law

Complete tax and legal services in connection with the financing of an investment project

We provided complete legal services to a long-standing client in connection with the financing of a major investment project of the company. Related to this, we provided a wide range of tax consultancy projects in the field of income taxes and indirect taxes.

Practice: Tax Law

We represented a long-standing client in appealing a tax assessment bill with which a joint liability of a taxable person for VAT obligations of its provider was implemented

Kinkin and Partners represented its long-standing client in appealing an act of auditing with which the tax authorities implemented joint liability for VAT obligations of our client and his contractor in the sale of a commercial and business center. Joint liability for VAT obligation is a specific topic in Bulgarian law where, under certain conditions, the recipient of the delivery may be responsible for the appropriate and unpaid VAT of his contractor. We analyzed the corresponding decrees from the perspective of EU law and the practice of the European Court of Justice in Luxemburg. We advised our client on the possibilities of filing an appeal before the European Court of Human Rights in Strasburg. Currently the complaint is filed in the European Court of Human Right and we are waiting for its decision.

Practice: Tax Law

Connection with other practices: Administrative Procedures and Regulations, Litigation

We performed a complete analysis of the impact of The Regulations for Management of the river basins on investment proposals for construction and operation on hydroelectric power plants

In 2010, related to the performance of duties, assumed under the Water Framework Directive, the first Regulations for Management of the river basins in Bulgaria were adopted for the four areas of Basin management. Because of their direct application a full analysis of the impact of the investment plans on investment proposals for construction and operation of hydroelectric power plants was carried out, regardless of the stage reached in the project .It was ascertained that the Management plan for river basin of the Martisa river, directly prohibits the construction of hydropower plants,regardless of the rights acquired by investors.In this connection, the order of Minister of environmental and water for approving the Plan was challenged as in 2013 the legal case finished with the final decision of five members on Supreme Administrative Court, with which the order of the Minister of Environment and Water and The management plan for river basin of the Maritsa river were canceled in the part where it prohibits the implantation of similar projects.

Practice: Energy and Environment

Connection with other practices: Environment, Administrative Procedures and Regulations

We provided our client with legal analysis on the project for construction and operation of a photovoltaic plant with installed capacity of about 5MW

We analyzed the project readiness and the stage reached by the investment project for construction and operation of a photovoltaic plant with an installed capacity of about 5MW. We analyzed the potential of the project , as well as the opportunities for structuring an investment company in Bulgaria, which to be entrusted with the development of the investment. Due to the loss of interest the preliminary contract for the acquisition of the project was not signed.

Practice: Energy and Environment

We consulted the acquisition of an investment project for the construction of five small hydropower plants along the Maritsa river

In 2010, with the participations of attorneys from our team was finalized the contract for acquisition of an investment project for the construction and operation of five small hydropower plants along the Maritsa River with a total installed capacity of 23,545 kW. In order to finalize the transaction our team conducted full legal analysis on performed to the day of acquisition procedures for the project, as well as the actions, to be taken to its termination. The prepared from us investment project has helped for evaluation of the project prior to its acquisition, as well as evaluating the necessary funding in order to complete the process.

Practice: Energy and Environment

Connection with other practices: Environment, Real Estate. Urban Planning and Construction Works, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions, Banking and Finance

We consulted the amendments and extension of permits for water abstraction and use of water object, issued under the Water Act

We provided consultations and prepared the necessary documents for initiation and implementation of a procedure for amendment and extension of the term of permits for abstraction and permits for use of water object, issued under the Water Act, related to the amendment of the legislation providing greater maximum time duration of permits and changes in the investment project of the investor.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We analyzed the opportunities for realization of investment project within the protected areas in Bulgaria as well as the opportunities for change within the protected areas

Our team analyzed the opportunities for construction and realization of RES projects within the protected areas based on Protected areas Act. The provisions of the Plans for management of natural parks were investigated and we took part in adoption of The Management Plan for Vrtasa Balkan Natural Park. All the oportunities for exclusion from the boundaries of the protected areas of land, which have practically lost their status as object of protection were examined in details. We provided consultations concerning the possibilities for inclusion of new areas within the protective areas.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We assist in the implementation of the conditions based on Decision on assessment of environmental impact concerning the coordination of a large investment project in the energy sector

We consulted our client in the implementation of the conditions based on Decision for assessing the environmental impact of the Minister of environment and water, which is consistent with a large investment project in the field of electricity production from renewable energy sources. Since this is a long-term project and is divided into three phases but the conclusion of the Assessment of the environmental impact provides annual monitoring on affected areas and monitoring under the impact on different phases,our work involved close contact with experts – ecologists, constant monitoring and analysis of the internal Community regulatory framework. We verified successfully the operation of the Decision of assessing the environment impact after the expiry of the proper period, as a permanent practice in Ministry of environment and water was created for projects, divided into stages of realization, regarding the terminology „realization of the investment proposal“.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We provided consultations on the financial aspects and the structuring of an acquisition of an energy site construction investment project

We provided consultations on the financial aspects and the structuring of an acquisition of an energy site construction investment project. In 2009 a loan agreement was concluded in order to finance the purchase of the project. Later, in 2010, the amount of the financing was increased to EUR 4 150 000. Financial institutions did not provide any financing, as the whole amount was provided by the investor.

Practice: Banking and Finance

Connections: Energy and Environment, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions

The Law Firm analyzed the options for structuring of the financing on behalf of a parent foreign company in favor of Bulgarian investment company

We participated in the financial structuring on behalf of a foreign parent company in favor of Bulgarian investment company, representing public-private partnership. We also provided consultations regarding the possibility for future capitalization of the provided financing in the capital of the investment company.

Practice: Banking and Finance

Connection with other practices: Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions

We advised the financing of an investment project for the construction of a trade center

We advised our client in relation to the provision of financing for the construction of a trade center in Haskovo City. We provided a full legal analysis of the loan contract conditions proposed by a foreign financing bank and consulted our client on the requested collaterals. The investment was amounted to EUR 10 millions.

Practice: Banking and Finance

We consulted the conclusion and implementation of the conditions under contracts for purchase and emission reduction with European Bank for Reconstruction and Development

We advised our client in the process of conclusion and execution of contracts for the purchase of emission reductions with the European Bank for Reconstruction and Development (EBRD). ERUs are generated by project construction and operation of facilities producing electricity from renewable energy sources in Bulgaria and they are certified and verified in accordance to the mechanism of "Joint Implementation" under Art. 6 of the Kyoto Protocol. ERUs are purchased by the EBRD on behalf of the Netherlands, as the Dutch bank manage Cooperation Fund to reduce emissions under the Cooperation Agreement of 27 October 2003, concluded between the EBRD and the Netherlands. Due to expiration, the contract was terminated in 2013.

Practice: Environment and natural resources

Representation of a client in connection to a loan agreement with a unclear fee rules

The Law Firm is representing a client in a litigation before the Sofia City Court initiated by a claim based on a loan agreement wherein the interest on the amount loaned is defined as a percentage of the profits from a resort construction project, carried out by a legal person - a company which is a third party to both the loan agreement and the court proceedings. A key issue in the case is the interpretation of the loan agreement and more specifically what constitutes the “profits” of the company. The parties disagree on three major points. The first one is whether the percentage of the profit should be calculated from the net profits, meaning that all taxes and outstanding obligations of the company must be paid before determining the amount of profits, or if it should be calculated from the gross profits. The second major point of dispute is which period of the project should be considered when defining the profits of the company – should they be calculated annually to coincide with the annual financial reports of the company for each separate year, or for the entire period of the project from beginning to completion which makes a difference in the final ammount. The third and most important point regards the issue whether all the apartments should be sold in order to calculate the profit or whether the profit should be calculated based on the result of sold apartments regardless of whether all apartments are sold or not.
Due to somewhat ambiguous wording of the agreement, most of these matters are a point of contention and require thorough interpretation in view of the Parties intentions with the conclusion of the loan agreement, common trade practices and Bulgarian law. The complex nature of the case has been underlined by the Court by allowance of multiple written statements exchanged between the parties, which is unusual when taking into consideration the principles of procedural economy and single document exchange in Bulgarian civil litigation. Our lawyers requested an offsetting of the amount received by the applicant in the loan contracts and overcame the legal prohibition on the admission of evidence to prove contracts worth over 5000 lev by requiesting that the Court compel the other party to explain about how they obtained the lended sums. The request was granted the explanations were admissible as evidence in the case.

Practice: Litigation

Representation in connection with an international investment project including collection of evidence by court order from a German court and an examination of relationships between the participants in the investment project

The Kinkin and Partners team represented a company operating in the field of energy, as a defendant in a claim for renumenation under a contract for manufacture, installation and commissioning of high voltage industrial equipment.. Our client is a principal of the plaintiff company as well as a contractor to the main principal of the investment project. The case was closely related to pending proceedings before the German court between the investor of the project and the main principal, which required sending letters of request for evidence from the German court. The case raises many questions about the procedural and substantive link between proceedings in Germany and Bulgaria and about lending evidence collected in proceedings in another Member State.

Practice: Litigation

Representation of a foreign company under an insurance policy and CMR

Our lawyers were assigned with the representation of a foreign company – shipping agent, who had hired a Bulgarian carrier who after loading the goods had not delivered the same and had not made contact with the shipper. Claims were made to the insurer under the provided by the transport company insurance policy that, firstly, proved not to cover the risk involved – theft, and secondly – to be counterfeit, not issued by the insurer for the respective period, but for an expired one, and not valid. In view of the above actions were taken by filing a claim under the CMR, which set out as a requirement the expiry of a one-month term from the date on which the goods had to be delivered. Our Principal was compensated under the general order of the CMR Convention.

Practice: Insurance Law

Connection with other practices: Administrative Procedures and Regulations

Consultations on initiated proceedings before the Commission for protection of Competition in connection with allegations of unfair trade practices in the distribution of promotional videos on Bulgarian television

Our team was engaged by one of the producers of snacks in Bulgaria on the occasion of initiated proceedings before the Commission for Protection of Competition to investigate allegedly unfair trade practices in the distribution of promotional videos on Bulgarian television. The case included also a request addressed to the Supreme Administrative Court to stop the immediate execution of the decision of the Commission for Protection of Competition, by which the broadcasting of commercials of our client’s products had been stopped. The client’s products enjoy great popularity among consumers and the case had large media coverage.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Litigation, Competition Law

Consultations regarding unfair trade practices in the dissemination of promotional materials

Оur team was involved in the consultation of one of the producers of snacks in Bulgaria concerning an initiated proceeding for investigation of alleged unfair trade practices in the distribution of promotional materials. Our activity also included a filed request to the Supreme Administrative Court to stop the immediate execution of a judgment of the Commission for Protection of Competition, by which the broadcasting of commercials of products of our client was stopped, which products enjoy great popularity among consumers, and the case had a large media coverage.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Consultation on the adaptation of a foreign broadcast on Bulgarian radio and TV

Our team advises a client in connection with the recognition of copyright to contractor in mandate contract and manufacturing contract under Bulgarian law and the applicability of the familiar to American Law institute "work made for hire" in Bulgaria. The analysis concerns the adaptation of a foreign broadcast on Bulgarian radio and television and sets interesting questions about the copyright of foreign persons who are not citizens of the European Union or the European Economic Community (EEC). Our team conducted a study of the applicable substantive law and the competent court considering the rules of private international law and the possibilities of actions for protection of authorship and compensation to the Bulgarian and American courts.

Practice: Intellectual and Industrial Property

We advised our long-standing client in an amendment of the declared value of a non-residential property

We provided our client with legal statement under the Local Taxes and Fees Law concerning the incorrectly declared value of a non-residential property - a building of water power plant. The values of the accomplished injection works had been overestimated as they do not refer to activities concerning the construction of the water power plant and do not form its value. In this regard, we supported our client in the submission of a corrective declaration for the property with which its value was reduced and thus was the basis for determining the amount of local fees and taxes was reduced as well. We also provided our client with legal assistance during the process of inspection.

Practice: Tax Law

Connection with other practices: Administrative Procedures and Regulations

Consultation on international tax planning, implementation of the Convention for Avoiding Double Taxation and VAT assistance concerning a real estate project

Kinkin & Partners provided legal advice concerning taxation in Bulgaria in the case of purchase of real estate in Bulgaria that has previously been acquired by a foreign citizen, including a purchase through a Bulgarian or a foreign company. Our consultation covered taxes on profit and income, as well as tax consequences under the VAT Act.

Practice: Tax Law

Taxation of a trade representative of a foreign company in Bulgaria

We provided legal advice on the taxation of a trade representative of a Swiss company. Our team performed an analysis of the tax liabilities that occur in the case of carrying out a business activity of a foreign company with representation in Bulgaria. In this connection, we reviewed the tax consequences under The Convention for Avoiding Double Taxation between Bulgaria and Switzerland, under the Corporate Income Tax Act and the Value Added Tax act with regard to the activity of the commercial representation, as well as the taxation under the Personal Income Tax Act on the income that the manager of the commercial representation obtained on the basis of the employment contract and his civil contract.

Practice: Tax Law

We represented our client in an appeal of a tax assessment act with regard to not approved tax credit due to a claimed by the tax authorities lack of existing supply

We represented our client in the case of appealing a tax assessment act under VAT law wherewith the tax authorities had refused to grant the tax refund to the company. The argument in the case against the tax administration was the existence of supplied services and respectively, the presence of a taxable event under art. 25 from VAT Act. We also analyzed the possibility of filing an appeal under the European Court of Human Rights in Strasbourg.

Practice: Tax Law

Connection with other practices: Litigation

We consulted our long-standing client on wide range tax issues, including tax planning

We provided consultations to our long-standing client on various tax issues related to the execution of local tax legislation in the income tax field, indirect tax, local tax and withholding tax on interest on loans to the company. We also advised our client on tax planning, with the view of the completion and financing of a large investment project. These consultations were part of a complete legal service to our client with regard to financing of the project for acquisition und commission of a commercial und business center worth 16 million Euros. Our team was engaged in making a detailed legal analysis of the company that owned the project for the construction of the commercial and business center.

Practice: Tax Law

Connection with other practices: Real Estate. Urban Planning and Construction Works, Banking and finance, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions

We analyzed the possibilities for grid connection of constructed and commissioned projects.Conclusion of contracts for the sale of electricity produced

In connection with the rearrangement of the legislation in the energy sector, we consulted the opportunities of joining the already established energy projects to the electricity grid, conclusion of the preliminary and final agreements on the accession of such object,as well as contracts for the sale of electricity produced.

Practice: Energy and Environment

We consulted the need from licensing of power producers, whose projects include more than one seperate objects with single installed capacity below 5MW

With regard to the entering in the energy sector of energy production from renewable energy sources, we consulted and analyzed the need for licensing of electricity generators,which projects consist from more than one power projects each with single installed capacity below 5MW, but with total installed capacity of over 5MW.With our support was created the permanent practice to the energy regulator on the licensing of energy companies with similar cases.

Practice: Energy and Environment

We took part in determining the preferential purchase price of electricity produced from renewable energy sources

Regarding the determination of preferential purchase prices of electricity, produced from renewable energy sources and technology, introduced from the first time in Bulgaria, from 2009 annually actively participate in the procedures under State Energy and Water regulation. In 2009 in connection with putting into operation objects of our client, The Regulator adopted a separate special price power purchase, produced by a specific type of renewable energy using a specific technology. Since 2009 we take part with opinions on proper implementation of the regulation in the procedure under State Energy and Water Regulation in the annual update on preferential prices for purchase of electricity produced from renewable sources.
Providing legal representation to our clients in open proceedings against decision on pricing, mainly with a view to disregard by the regulator’s opinion.

Practice: Energy and Environment

Consultation on similarity with registered Community design

We have advised our client, a manufacturer of packaging machinery, in relation to possible claims of another company who has registered similar to the products manufactured by our client machines Community design under Regulation 6/2002 of the Council of 12 December 2001 on Community designs and Regulation 2245/2002 of the Commission for its implementation. The studies included the study of the conditions for the presence of similarity leading to violation of another person’s design, the possibilities for initiating judicial proceedings or a signal by an administrative order against our client, as well as other remedies under European law. We studied the legislation and recent case law of the European Court of Justice on possible claims for establishing an infringement of a registered design, damages, seizure and destruction of the similar products and possible interim measures, the conditions of their admission and remedies against them in any future trial.

Practice: Intellectual and Industrial Property

The Law Firm has analyzed the options for structuring of the financing on behalf of a parent foreign company in favor of Bulgarian investment company

We have participated in structuring of the financing on behalf of a foreign parent company in favor of Bulgarian investment company, representing public-private partnership. We have also provided consultations regarding the possibilities for future capitalization of the provided financing in the capital of the investment company.

Practice: Banking and Finance

Our team has advised the reconstruction and increase with EUR 360 000 of provided financing by Bulgarian bank

We advised the reconstruction and increase by EUR 360 000 ( from EUR 740 000 up to EUR 1 100 000) of an investment financing provided by one of the largest Bulgarian banks. Taking into consideration the amendment of the provided financing, we also prepared collaterals, which the investing company provided in favor of the financial institution (pledge of commercial enterprise, mortgages, etc).

Practice: Banking and Finance

Representation of a client in connection with claims by a promissory note containing a false signature

Our team represents а- confectionery retailer in a case concerning a promissory note that is claimed by the applicant to have been issued by our client and signed by the manager of the company, who had passed away several months before the claim was issued. Our client did not recognize the note.Our team defended the client on the case that the the signature is inauthentic and is not done by the manager. The court of first instance refused to do an expertise of the signature and approved the promissory note. Our lawyers then appealed infront of the Appleate court, where an expertise of the signature was allowed. The initial expertise of the signature concluded that it was indeed placed by the compan’s manager. However, our team insisted that the signature was re-examined by a committee of three experts from the Research Insitute of Forensic Science and Criminology at the Ministry of Interior. The experts committee concluded that the signature is inauthentic and was not placed by the company’s manager. Our lawyers further required that the applicant present proof to indicate a cause for the promissory note. . Our team presented arguments for the lack of grounds for issuing the promissory note, as there are no valid existing relationships between the company, our client, and the party that claimed the promissory note.The two parties then raised a dispute over the need of the issuing of the promissory note and and its causality. Both parties rely on the the Supreme Court practice, which served to form the interpretative work on the questions of causality.
The Court of Appeals abated the decision and dismissed the promissory note.

Practice: Litigation

Overcoming difficulties in serving court papers in connection to enforcement of a judicial decision. Overcoming stoppage of a writ of entry managing the security of costs

Our team represents a company that owns and operates the largest commercial and business center in Yambol, Bulgaria, in connection with release and transfer of leased premises. The lessee of all office premises in the commercial and business center leased the premises to third parties, thus violating the signed lease. The lease contract was then terminated unilaterally for failure of compliance - non-payment of rent. Thus our client sent a call for release of the premises and transfer of their pocession. The tenant refused to comply and thus our lawyers brought an action before the competent court for the release and transfer of the leased premises. The claim was upheld at first instance and appeal and the decision came into force. As a result of difficulties we encountered in serving the court order, our lawyersour lawyers required the Court to apply a specific provision in the Civil Procedure Code, according to which court orders are considered delivered in case that the addressee can not be found within one month at an address where a court order has been served in the past.
Based on the final court decisiona writ of execution was issued in favor of our client. The law firm represented the client in the enforcement proceedings. The debtor initiated actions to stop the actual ouster and issued a claim for damages caused by the termination of the lease contract. Our lawyers successfully appealed the injunction, and the appellate court revoked it. The appeal of the injunction argued that a claim for damange ould only be needed if there was an unlawful termination of the contract and if the tenant was unlawfully deprivate of the rented space. . For the final resolution of the dispute, our team participates in implementing the actions related to the writ of possession of the entire shopping center.

Practice: Litigation

Connection with other practices: Real Estate. Urban Planning and Construction Works

Representation in proceedings for compensation for damages due to the occurrence of a natural disaster, including loss of production, as determined by the insurer loss of future earnings

Our team represents and consults on a wide range of issues a leading Investment Company in the field of energy, developing a project for the construction and operation of nine Small hydropower plants (SHPP) on the river Iskar. The project, begun in 2005, is divided into three phases and five of the power plants are already operating. Due to heavy rains and increasing the level of river Iskar one of the 5 hydroelectric plants is flooded, causing damage, including replacement of the turbine and production loss - stop of the production process for producing electricity. The lawyers of the law firm raised claims to the insurer who initially refused to pay compensation with the argument that the event does not fall under the policy provided cases. After analysis and detailed statement regarding both the scope of the policy and the judicial practice under the questions raised and expressing willingness to take legal action, the insurer paid the compensation in full.

Practice: Insurance Law

Connection with other practices: Administrative Procedures and Regulations

Defense of an international combined brand

The law firm represents a foreign client, offering goods and services, in out-of-court settlement and resolution of dispute regarding an infringement of international combined trademark.
Our work included detailed analysis of possible procedural means for civil and administrative defense of the client under the Law of Trademarks and Geographical Indications and the Law of Competition Protection.

Practice: Intellectual and Industrial Property

Registering of a domain name and mark before the Patent Office

Our team advised a client on the preservation of rights and registration of the domain and brand. An analysis of the registration procedure in its integrity is made, the conditions for implementation, including a description of activities according to the classes of the Nice classification.
Our team is involved in an administrative procedure for appealing the denial of the Patent Office to register the domain and trademark of a Bulgarian company dealing with distribution of cable television and internet video. As a result of the defense granted, the Patent Office revoked its denial and permits the registration.

Practice: Intellectual and Industrial Property

Connection with other practices: Administrative Procedures and Public Procurement

Tax consultation related to real estate

We provided a client with consultation with regard to tax consequences, including VAT, connected to the restructuring of a company. We consulted our client also on the on options for cancelling a real estate project from a tax point of view.

Practice: Tax Law

Tax treatment consultations for various types of income

We have provided consultations concerning tax treatment for various types of income received from legal entities and physical persons. In this connection, we have analyzed the implementation of The Convention for Avoiding Double Taxation between Bulgaria, Russia and third parties.

Practice: Tax Law

The Law Firm has advised the conclusion, execution and amendment of a Loan Contract with the European Bank for Reconstruction and Development

The Law Firm is advising a client for conclusion, execution and amendment of conditions under a loan contract concluded with the European Bank for Reconstruction and Development (EBRD). We participated in a successful procedure for re-negotiation of the conditions and amount of the provided financing (amounting to EUR 75 000 000). We actively participated in the procedure for the provision of the respective collaterals in favor of EBRD, as in 2013 a serial procedure for provision of collaterals was executed. When needed,  we represent the client in front of the EBRD.

Practice: Banking and Finance

Connection with other practices: Energy and Environment, Corporate and Commercial Law. Liquidation and Insolvency. Business Transactions

We advised a conclusion of a contract for purchase of reduced emissions with the European Bank for Reconstruction and Development

Our team advised the financing of an investment project for construction and operation of energy sites which produce electricity from renewable energy sources via the usage of the mechanism for “Jointly Execution” under art. 6 from the Kyoto Protocol. The financing was provided through a contract for purchase of reduced emissions at amount of EUR 3 200 000. Reduced emissions were bought by the European Bank for Reconstruction and Development on behalf of the Netherlands, as the Bank manages the Dutch fund for cooperation for reduced emissions under the Agreement for Cooperation, dated 27.10.2003, concluded between European Bank for Reconstruction and Development and The Netherlands.

Practice: Banking and Finance

Connection with other practices: Energy and Environment

Representation of a client in connection to an appeal of severally liable for the Value Added Tax Act (VATA)

Our firmrepresents a client who owns and manages a commercial and business center in Yambol, Bulgaria, in proceedings concerning liability for the VATA. As interpreted by the tax authorities, our trustee is jointly and severally liable with the joint contractor regarding the value added tax due. We provide our client with legal representation and protection tin both the administrative appeal of the tax audit act to the National Revenue Agency and in proceedings before the Supreme Administrative Court. After exhausting the procedural avenues of appeal in Bulgaria, our firmfiled an appeal on behalf of our clients before the European Court of Human Rights on the accounts of systematic violation of European Law by all administrative and judicial bodies that leadsto violations of the right to a fair trial.

Practice: Litigation

Connection with other practices: Tax Law

Advice on the registration of a mark before the Patent Office, which has a reputation in the Republic of Bulgaria

Our team started proceedings before the Patent Office for recognition of a trademark of our client as having a reputation in the Republic of Bulgaria. The procedure ended in 2010 with the decision of the Patent Office for recognition of the claimed status of the trademark. Our client is one of the big agrochemical manufacturers in Bulgaria (established in 1932) with whom we have been working for many years.

Practice: Administrative Procedures and Public Procurement

Connection with other practices: Intellectual and Industrial Property

Representation of a producer of renewable energy in relation to a dispute settlement with the Distribution Company for payment of the cost of equipment for connection to the electricity grid

Kinkin and Partners represents an investment company in the field of renewable energy in proceedings of a claim against the Distribution Company for the purchase and sale price of equipment for connection to the electricity grid built by our client and subsequently sold to the distribution company . The defendant refused to pay the purchase price, claiming it is offsetting it with fees charged for access to the distribution grid, based on a decision of the State Energy and Water Regulatory Commission, which was annulled by the Supreme Administrative Court. Our lawyers provided security for the claim by freezingthe accounts of the electricity company. We prepared a report on the correct interpretation of the decision of the State Energy and Water Regulatory Commission to remove the access fees specifically for situations of retroactive actions. We also prepared a report on the the interpretation of the decision of the State Energy and Water Regulatory Commission in terms of compensatory measures in relation to changes of in the access fees.

Practice: Litigation

Connection with other practices: Energy and Renewable Energy Sources

Protection of a client in connection with a claim for damages under the preliminary contract

Our team defended a client, a leading producer of electricity from renewable sources, in regards to a claim for damages which the plaintiff, a joint contractor our client, allegedly suffered due to a failure to forward the design of three Hydroelectric Power Plants and despite the presence of such a clause in the preliminary contract between the parties. The main objection to the claim was that although such a clause actually exists, the conditions for its implementation were not met. Our lawyers indicated that a loss of profit of unpaid remuneration could be considered only net profit after deducting the cost of performance of the work and not the very price of the design contract , which the plaintiff claimed. The Court of First Instance upheld our argument and dismissed the appeal and the alternative instance upheld the lower court decision.

Practice: Litigation

Representation of a client in arbitration proceedings in respect to defaulting on a contract for the construction and commissioning of a Hydroelectric Plant

The “Kinkin and Partners” team represented a leading investment company in the field of energy in arbitration proceedings initiated against our client by an engineering services contractor of in connection with claims for the engineering and commissioning of a Mini Hydroelectric Plant. In responding to the claim, our attorneys brought counterclaims for damages of anamount exceeding the amount of the statement of claim due tofaulty, slow performance, and complete failure to complete the terms of the agreement. The value of the damage turned out to be even higher after the analysis of the case evidence– an expertise on the amount of damage suffered. Through the counterclaim and its legal formulation the contractor’s limitation of liability for the construction was avoided and it was possible to claim real suffered losses resulting from poor quality, slow performance and / or complete failure.

Practice: Litigation

Representation of a client in an appeal of a decision of the State Energy and Water Regulatory Commission for approval of the General Terms for access of producers of renewable electricity to the distribution network

On behalf of our client,, a leading investment company in the field of energy, our firm appealed a decision of the State Energy and Water Regulatory Commission for approval of the General Terms for access of producers of renewable electricity to the distribution network of Distribution Company of Bulgaria. The Supreme Administrative Court discontinued the proceedings on the ground that the decision of the regulator is not an administrative act and there is no interest in his appeal because our client was not a party in the administrative proceedings. Our lawyers successfully rebutted the imposed illegal practice of the State Energy and Water Regulatory Commission on the existence of a legitimate interest justifying the legal interest of the client in accordance with the Constitution and the interpretative decision of the Constitutional Court. The case was opened for a rehearing.

Practice: Litigation

Connection with other practices: Environment and Natural Resources, Energy and Renewable Energy Sources

Advice regarding the purchase of software licenses

Our team advised a client in connection with the purchase of software licenses of leading developer of operating systems. An analysis of the overall policy of the company is made for selling software to business customers, including but not limited to, options, content and scope of the rights conferred by the license, as well as various options to purchase software for the business.
Lawyers of the firm participated in the amicable settlement of a dispute on the occasion of licenses purchased by the customer in the renovation of which the official representative of a foreign software company in Bulgaria has violated the company's policies on the required number of purchased licenses and computers.

Practice: Intellectual and Industrial Property

Representation of a client in an appeal of a decision of the State Energy and Water Regulatory Commission to determine the discount for the purchase of electricity

Our team is providing legal representation of a leading producer of electricity from renewable sources in the appeal of a decision of the State Energy and Water Regulatory Commission to determine the discount for the purchase of electricity for the period 01.07.2012 - 30.06.2013. The supreme Administrative Court dismissed the case and upheld the termination of the second instance. Our lawyers successfully held a procedure for repeal of the disposition order and the case was opened for a rehearing. The grounds for appealing the decision of the State Energy and Water Regulatory Commission were that the technical and economic characteristics of the construction and operation of hydropower Mini Hydroelectric Plant were not taken into consideration in determining preferential prices.

Practice: Litigation

Connection with other practices: Environment and Natural Resources, Energy and Renewable Energy Sources

Representation of a client in connection with an appeal of permits for water abstraction

We represent our client, a leading producer of electricity from renewable sources, in the defense of its issued permits for water abstraction from "Basin Water Management" – Pleven city, which was challenged by an environmental protection non-governmental organization . Initially, the procedure was developed infront of the administrative order to the Minister of Environment and Water, where our team presented an opinion on the lack of legal interest of the appeal. The opinion was upheld and the complaints were rejected as inadmissible.
The Minister's decision was appealed in court before the Supreme Administrative Court and asa final judgment the appeals were rejected, and the decision of the Minister of Environment and Water and administrative regulations went into effect.

Practice: Litigation

Connection with other practices: Environment and Natural Resources

Representation of a client in relation to the compliance of an investment project with regulations of protected areas under"Natura 2000"

We represent a leading investment company in the field of energyworking on a project to build nine Mini Hydroelectric Plants along the Iskar river. We represent our client in its capacity as an interested third party in proceedings to appeal against a decision of compliance of a project to build Mini Hydroelectric Plants on the river Iskar with protected areas under “Natura 2000”. The judicial procedure was initiated in 2013 to a three-member body of the court of the Supreme Administrative Court on behalf of environmental organizations against the Minister of Environment and Water. Our client has been constituted as an interested third party in the case, since the appealed court decision defines our client’s project to build hydropower Mini Hydroelectric Plants as consistent with the status of the affected areas of the Natura 2000 network.

Practice: Litigation

Connection with other practices: Environment and Natural Resources, Energy and Renewable Energy Sources

Protection of the right of anterior use of a trade mark on chemical products

Our team advised a client in connection with the establishment of anterior use and deleting registered by another company trade mark in the chemical industry. The case occurs upon the legal regulation of intellectual property transition from the Law on Trade Marks and Industrial Designs (LTMID) to the Law of Trademarks and Geographical Indications (LTGI) containing substantive changes to the regulation of trademarks. Both sides claim that they use the respective brand for decades, producing and selling products that wear it. The company's lawyers successfully argue that the client is a person who has used the unregistered mark under Art. 9 LTMID (abeyant). The case is developed with three instances and ends with the successful defense of the right of anterior use of the client, registration of the mark and preserves all rights to the production and distribution of chemical products that bear it, and the deletion of the trade mark of the defendant company.

Practice: Intellectual and Industrial Property

Connection with other practices: Litigation