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The Romanian Government has approved the necessary legislative amendments to create a holding regime in Romania, the ordinance being published in the Official Gazette on Friday, November 15, effective as of January 1st, 2014.   The ordinance includes profits tax exemptions for Romanian holding companies as regards revenues from dividends received, revenues from the sale of shares and revenues from the liquidation process ...

Karanovic & Partners | November 2013

What is a PPA? The purpose of a Power Purchase Agreement (PPA) is to set out the terms and conditions for the sale of electricity between a producer (seller) and the take-off entity (buyer), particularly regulating important matters on timing and the initiation of production, the terms of delivery of electricity, payment mechanisms, force majeure clauses and the termination of sales and purchases. The PPA represents a crucial project document in a renewables project ...

Asters | October 2013

In 2012, the Ukrainian government has conducted three tenders for production-sharing agreements (hereinafter - SRS) in respect of hydrocarbons that will be produced on land for 2 subsurface areas and in one section of the Black Sea shelf ...

Lavery Lawyers | October 2013

On August 6, 2013, the Quebec Court of Appeal rendered a very interesting decision in the case of Anglo Pacific Group plc v. Ernst & Young Inc., 9261-0690 Québec Inc.,  Northern Star Mining Corp. and Jake Resources Inc ...

Haynes and Boone, LLP | October 2013

In 1956, the American Association of Professional Landmen (“A.A.P.L.”) published the first version of its model form Joint Operating Agreement (“JOA”), which it later revised in 1977, 1982, and 1989 (the “A.A.P.L. form”). Since that initial publication, the oil and gas industry has universally adopted the A.A.P.L. form as its standard JOA. The industry has also since adopted horizontal drilling and development as a popular method to recover hydrocarbons ...

Misick and Stanbrook | October 2013

The Turks and Caicos Islands (TCI) has just enacted a revamped investor residency programme, entitling successful applicants to a permanent residence certificate (PRC). The Qualifying criteria are: Villas a. Investment of not less than $300,000 in actual construction of a new home, or in renovation of a distressed property as a home for the applicant and his or her dependants, on the islands of Grand Turk, Salt Cay, South Caicos, Middle Caicos or North Caicos; or b ...

Lawson Lundell LLP | September 2013

I. Introduction The development of projects and business opportunities, particularly in the natural resource industries, requires government decision making, from the issuance of resource tenures, through environmental assessment of proposed works and activities, and through licences, permits and authorizations ...

Since our last update (in June 2013), progress has been made on the key outstanding issues we identified; namely, geology, taxation, community benefits and planning ...

The $400 million package agreed by JP Morgan with the US federal energy regulator to settle its energy market abuse case against the firm, announced at the end of July, is a great example of the legal risks energy firms now run in exploiting loopholes in the frequently complex bidding rules governing energy wholesale markets ...

Lawson Lundell LLP | August 2013

On May 29, 2013, Alberta issued three regulations and two rules under the Responsible Energy Development Act (“REDA”).  The new regulations and rules became operational on June 17, 2013, the same day that REDA came into force.  With REDA, the regulations and the rules now in place, the new regulatory regime for energy development in Alberta has started to take shape ...

Hunton Andrews Kurth LLP | August 2013

In response to solar industry concerns that its regulations were stifling the country’s solar energy development, the Federal Energy Regulatory Commission initiated a rulemaking on January 17 to amend its regulations applicable to the interconnection of facilities of 20 MW or less to the grid ...

Clarke Gittens Farmer | July 2013

Introduction:The Consumer Protection Act, Cap. 326D (‘the Act’) aims at protecting consumer rights by, among other things, prohibiting and penalizing the use of unfair contract terms by suppliers of services. The Act is administered and enforced by the Fair Trading Commission (‘the FTC’). This article summarises the effect of the Act on how service providers can legally contract with their customers. This article does not focus on suppliers of goods ...

Mining Industry1 What is the nature and importance of the mining industry in your country?The Philippines is rich in mineral resources and the mining industry plays a significant role in the country’s economy ...

Ellex Valiunas | July 2013

After a slight pause, the Baltic States – Estonia, Latvia and Lithuania - are continuing on their path to entering the euro zone, which was first entered by Estonia in 2011 ...

ENS | July 2013

South Africa has a rapidly evolving climate change policy environment, which is in-keeping with the country¡¦s view of itself as a developing country leader in the climate change arena. Part of the policy environment includes attention to financial mechanisms that can be marshaled in support of the response to climate change ...

Krogerus | July 2013

A recent ruling by the Court of Justice of the European Union (CJEU) could mean trouble for many Community trade marks. There is now a heightened risk that national courts will invalidate these trade marks if they have not been used extensively enough in the European Union.   Is broader protection better?   A Community trade mark (CTM) confers protection in all 27 EU member states ...

Morgan & Morgan | July 2013

As Panama became part of a number of industrial property related treaties, our internal laws have become more territorial; the use of a trademark is territorial again and registration becomes imperative for protection. In Panama, as happens in most of the countries around the world, the right to register a trademark is acquired by its first use in commerce ...

Carey | July 2013

Mining Industry 1. What is the nature and importance of the mining industry in your country?The mining industry accounts for 13 per cent of the GDP and 62.6 per cent of Chile’s total exports (US$49.3 billion). Chile is the largest producer of copper (31.9 per cent) in the world market and also produces other metals, such as silver and gold, and many non-metallic substances. The mining industry is mainly owned by private foreign and national companies ...

Asters | July 2013

PrefaceThis guide is written as an introduction to Ukrainian legal system from the viewpoint of foreign investors, in particular Chinese ones, and will help you in deciding whether to do a deal in Ukraine and what strategy should be chosen when investing in this country. The digest of key legal issues may be found helpful both at the stage of initial investment research and in the course of a particular investment project ...

On June 13, 2013, the West Virginia Supreme Court of Appeals (WVSCA) issued its decision in Faith United Methodist Church & Cemetery of Terra Alta, et al. v. Morgan, No. 12-0080, setting forth a clear definition of the term “surface” when used in deeds and other instruments of conveyance. This definition will weigh importantly on the state's shale gas industry ...

At the end of May, the U.S. District Court for the Southern District of Florida sentenced a Florida import company president to 22 months in federal prison for violating consumer product safety and other laws. His wife, an executive of a related company, was sentenced to a year of probation. The case is significant because it involves a criminal prosecution of importers of unsafe children’s products ...

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