Energy

From project development to acquisitions and divestments of energy assets and energy companies

We support energy related projects through all phases, from early-stage project development and land access, to permitting processes, grid connection, construction, financing, management and potential divestment. The group comprises specialists in several areas of law – such as commercial contract law, environmental law, property and real estate law, M&A, financing, construction law and dispute resolution – and works in close collaboration with the firm’s other specialist groups. This provides clients with comprehensive legal support, regardless of whether the assignment is transaction-related, regulatory or contract-based.

Our advice includes, among other things:

• Project development, planning permission processes and related communication with authorities, including appeals

• Land access and property matters, such as land lease and right of use agreements

• Grid connection, electricity market and related regulatory matters

• Project agreements: EPC and construction contracts, supply and service agreements, management agreements, operation and maintenance agreements

• Electricity trading agreements (physical and virtual PPAs, including baseload, as-produced and profile-based structures) as well as agreements with the Balance Responsible Party (BRP) and Balance Service Provider (BSP)

• Acquisitions and divestments of energy assets and energy companies

• Company formations, restructurings and mergers

• Joint ventures and cooperation agreements within the energy sector

• Project financing and equity funding

• Foreign direct investment (FDI) and screening processes by relevant authorities 

• Cybersecurity and regulatory compliance, including NIS-related requirements

• Dispute resolution, court proceedings and arbitration

Project development, permits and grid connection

MAQS’ legal advice on project development ranges from dialogues with relevant authorities to full permitting processes under the Environmental Code and the Planning and Building Act, including appeals. Our advice also covers land access and property law issues, such as land lease and usufruct agreements, easements, rights of way and joint facilities, as well as matters relating to detailed development plans and land use. In addition, we regularly assist with matters concerning grid connection, grid concessions and non-concessionary networks (IKN), as well as related regulatory issues.

Project agreements prior to construction and final investment decision (FID)

We negotiate, review and draft all types of project agreements within the energy sector, including EPC and construction contracts, supply agreements, various types of cooperation agreements, and service and maintenance agreements. In addition, we handle electricity trading agreements in the form of physical and virtual PPAs, grid agreements, agreements regarding balance responsibility, agreements linked to aggregation and ancillary services in the balancing and ancillary services markets, as well as other commercial energy agreements.

Operation and management

MAQS supports energy sector operators throughout all stages of the operational phase, including in relation to management agreements, monitoring, handling and renewal of existing service and maintenance agreements, warranty issues, insurance-related matters and regulatory compliance. Our advisory services also cover cybersecurity issues and compliance with the NIS Directive, which imposes specific requirements on operators of critical energy infrastructure.

Energy transactions and financing

We regularly assist clients with acquisitions and divestments of energy assets and energy companies in Sweden and internationally. This may involve the acquisition of operational energy production facilities, the divestment of energy projects at various stages of development, the establishment of joint ventures and collaborative structures, company formations, restructurings and mergers, as well as capital investments in energy infrastructure. Our advice covers the entire transaction process, including due diligence, structuring, negotiation and execution of transaction documentation, W&I insurance arrangements, foreign direct investment (FDI) screening processes, as well as project financing and capital raising.

Dispute resolution

We represent clients in energy-related disputes at both Swedish courts and international arbitration tribunals.