ASSET FINANCE

We provide legal and tax advisory services in the field of asset financing, and work with finance leasing companies and lessees alike.

We provide comprehensive transactional advisory services, conduct legal due diligence of the financed asset(s), develop transaction legal structure, draft, negotiate and oversee execution and delivery of legal documentation, and verify fulfilment of disbursement conditions.

Our wealth of transactional experience comes from dozens of leasing transactions closed over the last two decades, including asset leases, e.g. shopping malls, hotels, offices, warehouses, cargo airport warehouses, cold stores, truck service centres, wind farms, gas grids, production lines, public transport (buses, electric multiple train units), etc.

We also advise outside of the transactional context on critical legal issues having a key impact on the functioning of the leasing industry and on various events arising in the course of performance of lease contracts.

We prepare standard legal documentation for leasing companies (in connection with real estate and movable property leases), issue legal opinions on draft legislation to amend laws affecting the leasing industry, as well as expert and legal opinions for leasing companies.

Examples of projects completed by our lawyers:

• Advice on a shopping mall lease project in Poznań. 
  One of the first real estate leasing transactions on the Polish market.

• Advice on a wind farm lease project near Słupsk. 
  The project was developed in the "build, launch and lease” formula under the Public Procurement Act.

• Advice in connection with the lease of a high-bay finished goods warehouse in Radomsko. 
  The project was completed owing to the leasing company pre-financing investment outlays and de facto performing the investor's duties.

• Advice on a shopping mall lease project in south-east Poland. 
  The project was brought to completion amid pending administrative procedures and lawsuits launched further to appeals filed against all administrative decisions issued in the course of the investment process.

• Preparing a legal and tax risk appraisal report on consumer leasing. 
  The report was prepared in connection with the proposed extension of a leasing company’s product portfolio by consumer lease products.