Category: Czech Republic

  • The Buzz in the Czech Republic: Interview with Jiri Sixta of Glatzova & Co.

    “The trend that we discussed at the Round Table back in November is continuing,” says Jiri Sixta, Partner at Glatzova & Co., referring to the upbeat reports on the Czech market provided by members of a November 2016 CEE Legal Matters’ Round Table.

    “Only moving up to full speed.” The market is buzzing, Sixta says. “There was almost no Christmas break in Prague, and if deals didn’t close before New Years, then they’re closing now.” Sixta is confident the good fortune is felt equally across the market. “It’s not just my experience,” he says. “It’s everywhere. Everyone has 5 or 6 deals they’re working on. That’s a very good sign, I would say, and almost all areas are booming. Real Estate, Telecom, Industrial deals. It’s everything.”

    Sixta believes the reason for this recent boom are two-fold. First, he notes, the Czech Republic is simply strong right now, and foreign investors are generally attracted to the market. More significantly, perhaps, are the indications from the Czech National Bank that it may untie the fixed exchange rate between the Czech Crown and the Euro, which has kept the Crown at approximately 27.5 to the Euro. The Bank, Sixta reports, has declared that it will stop buying Euros to maintain this artificial level, and most believe the Czech Crown will naturally, once un-tethered, move to somewhere around 26. The Bank’s earlier indications that it would make this move in late autumn 2017 have been replaced by hints that it may do so as early as March or April. “So if you have euros it’s best to use them now,” Sixta says, “and everyone trying to spend euros is wanting to do so as soon as possible.”

    As for legislation, Sixta reports that the country is still dealing with the significant changes to the Public Procurement Act that came into effect last year — “clients,” he says, “are struggling with it.” Otherwise there’s little of significance, Sixta says, noting some minor — “nothing significant” — changes to the country’s Labor Code that are coming in May. In his opinion, “the public procurement changes are more important to major clients.” 

    There is also an increased consumer protection in the banking sector, Sixta reports, resulting in more flexibility for consumers in respect to mortgages, and more banks requiring assistance. “So it’s a good time to be a lawyer,” Sixta says smiling. 

    Finally, Sixta reports, elections for the Board of the Czech Bar are coming up this year. Various groups and coalitions are forming, as the current Chairman of the Board has said he won’t serve an additional term. Of some significance is the ongoing attempt by smaller firms and solo practitioners who may view freshly graduating attorneys as competitors to push the concipient period to 5 years from its current 3. Sixta opposes this move, saying “we see them not as competition, but as an opportunity!”, and suggesting that “we’d rather they come to us.” The vote last year to extend the concipient period to the same 5 years it is in neighboring Slovakia was defeated by a slim margin, “with representatives of big firms voting against it.” Sixta says, “we’re hoping we can do it again, to protect our interests in this respect.”

  • Former Wolf Theiss Prague Managing Partner Joins Supreme Administrative Court of the Czech Republic

    Former Wolf Theiss Prague Managing Partner Joins Supreme Administrative Court of the Czech Republic

    Former Wolf Theiss Prague Managing Partner Tomas Rychly has been formally appointed to the Supreme Administrative Court of the Czech Republic and will take his place on the bench on February 1, 2017.

    Rychly, who has been MP of the Prague office of Wolf Theiss since 2012, was nominated to the Supreme Administrative Court in the spring of 2016, and the country’s Judiciary Committee provided its formal consent after its plenary session on August 31st. On January 18, 2017, Czech President Milos Zeman formalized the appointment of Rychly and 32 other new judges to various courts in the country.

    The Supreme Administrative Court in the Czech Republic is the highest authority on issues of procedural and administrative propriety, has jurisdiction over many political matters (such as the formation and closure of political parties, jurisdictional boundaries between government entities, and the eligibility of candidates for public office), and adjudicates in disciplinary proceedings against judges and state prosecutors. It is the court of second instance in actions against the decisions of authorities.

    A more extensive report on Rychly’s appointment to the bench and the effect of his departure on Wolf Theiss can be found in the December 2016 issue of the CEE Legal Matters magazine.

  • JSK and Clifford Chance Advise on APS Agreement with Hellenic Bank of Cyprus for Management of Real Estate Assets and Servicing of NPLs

    JSK and Clifford Chance Advise on APS Agreement with Hellenic Bank of Cyprus for Management of Real Estate Assets and Servicing of NPLs

    JSK has advised APS Holding a.s on its January 10 agreement with the Hellenic Bank Public Company Ltd for the management of real estate assets and for the servicing of the non-performing loans of the Bank. Antoniou McCollum & Co advised APS on Cyprus law matters. Clifford Chance advised the Hellenic Bank, with George Z. Georgiou & Associates advising it on employment law matters and Antis Triantafyllides and Sons on Cyprus Law matters.

    According to an APS press release, “the completion of the transaction is subject to applicable approvals and clearances from the relevant regulatory and any other authorities and is targeted to be achieved by the end of the first quarter of 2017. This transaction clearly falls within the direction indicated by the ECB guidance issued to Banks for the work-out of non-performing loans, and it is considered by Hellenic Bank as the most appropriate NPL strategy aimed to decisively address the issue. Additional details of the agreement, including the commercial and financial terms, are expected to be announced by the end of the first quarter of 2017, upon finalization of the transaction.

    According to JSK, “APS is a leading company in investment, management, and recovery of loan portfolios and real estate within Central and South-Eastern Europe. The company is headquartered in Prague, Czech Republic, where it was founded in 2004. APS provides comprehensive services in distressed and performing loans portfolios investment advisory and recovery management, and also performs asset management. Involving more than 600 experts, it provides services in 10 European countries: Bulgaria, Croatia, Cyprus, the Czech Republic, Montenegro, Poland, Romania, Greece, Serbia, and Slovakia. APS manages assets totaling in nominal value more than EUR 4.4 billion and provides exclusive investment advisory to four investment vehicles and recognized institutional investors.”

    The Hellenic Bank Group commenced operations in 1976 and is one of the largest banking and financial institutions in Cyprus. It enjoys a network of over 60 branches in Cyprus, and employs 1400 people in the country.

    For the purposes of the January 10th agreement a new company will be established in which the Hellenic Bank will have 49% of shares and APS Recovery Cyprus Ltd will own the remaining 51%. The operations of the current Arrears Management Division of the Bank will be transferred to the new company, including the necessary resources to carry on its work independently, in exchange for a positive consideration.

    The new company’s management consist of Hellenic Bank’s staff, including its Chief Executive Officer, Kiki Papadopoulou, who currently holds the position of Group General Manager Arrears Management Division. About 160 employees of the Arrears Management Division of the Bank will also move to the new company.

    The Bank will retain the ownership of the portfolio of non-performing exposures and the real estate assets. It is anticipated that a portfolio of non-performing loans of about EUR 2.4 billion will be serviced by the new company upon establishment.

    APS Head of Legal Tereza Simanovska said: “We are pleased to have successfully signed the transaction and improved our position in the South Eastern Europe region. Together with Hellenic Bank we are going to introduce the largest debt recovery platform in Cyprus. JSK has provided us with valuable advisory services leading to a successful entry into the Cypriot market.’’

    The JSK team was led by Of Counsel Nick Johnson, who said: “This was a groundbreaking transaction for the Cyprus banking market. APS have now entered yet another jurisdiction, as their influence and importance continues to grow in the region. We were very happy to help them with this important project.”

    Johnson’s team included JSK Partner Tomas Dolezil and Senior Associate Michal Jendzelovsky.

    The Antoniou McCollum & Co. team advising APS in Cyprus consisted of Christina McCollum and Anastasios Antoniou.

    The Clifford Chance team advising the Hellenic Bank consisted of Madrid-based Partner Carlos Portocarrero and Associate Andres Berral and London-based Partner Emma Matebalavu and Associate Laura Smith.

    The Antis Triantafyllides and Sons team advising the Bank in Cyprus consisted of Emily Petridou and Marios Hadjigavriel

  • Christian Blatchford and Sylvie Sobolova Join Kocian Solc Balastik Partnership

    Christian Blatchford and Sylvie Sobolova Join Kocian Solc Balastik Partnership

    Sylvie Sobolova and Christian Blatchford have been appointed Partners at Kocian Šolc Balastik. 

    Sylvie Sobolova specializes in public contracts and state aid, competition law, intellectual property law, and generally on litigation and arbitration. She graduated from the Masaryk University School of Law in Brno and received her Ph.D. from the University of Economics in 2004. 

    Christian Blatchford, who is a member of the Law Society of England and Wales and the Czech Bar Association, specializes in mergers & acquisitions, project financing, and infrastructure projects (including PPP). He graduated from the Faculty of Arts, University of Manchester, and College of Law, Guildford. 

    “Sylvie and Christian are both excellent attorneys and thanks to their long and outstanding careers and their proactive approach to building on KSB’s good reputation, they have great potential to be good KSB partners,” said KSB Managing Partner Dagmar Dubecka. “I wish them great success in their new roles.”

    Simultaneous with its announcement of Blatchford’s and Sobolova’s promotions, KSP announced the promotion of Associates Jan Lasak, Vlastimil Pihera, and Tomas Sequens to Counsel. 

  • Clifford Chance and Wilson & Partners Advise on Sale of Largest Shopping Center in the Czech Republic

    Clifford Chance and Wilson & Partners Advise on Sale of Largest Shopping Center in the Czech Republic

    Clifford Chance’s real estate team has advised long-standing client CBRE Global Investors on its acquisition of the OC Letnany shopping center from Tesco, on behalf of a separate account client of CBRE. Tesco was advised by Wilson & Partners.

    OC Letnany, the largest shopping center in the Czech Republic with 160 units and covering 63,478 square meters of retail and 3,551 square meters of office space, hosts stores from well-known global brands such as C&A, H&M, Zara, and Marks & Spencer. The center, anchored by a recently modernized Tesco hypermarket, also provides a multiplex cinema, food court, and 3,200 parking spaces. Tesco will continue to operate its hypermarket in Letnany, its flagship store in Czech Republic, on a long-term lease.

    The transaction was led by Clifford Chance Partner Emil Holub, supported by Real Estate Associates Aneta Sosnovcova, Michal Pivarci, and Milan Rakosnik. Partner Milos Felgr advised on the financing aspects of the transaction, supported by Associate Dominik Vojta. The team in Prague also coordinated the advice of colleagues from Clifford Chance’s Frankfurt, Luxembourg, and Amsterdam offices.

    The Wilson & Partners team consisted of Partner Bryan Wilson and Senior Lawyer Monika Kajankova.

    Image Source: oc-letnany.cz

  • Randa Havel Legal Advises Blackstone on Sale of Hilton Prague Old Town Hotel to M&L Hospitality Trust

    Randa Havel Legal Advises Blackstone on Sale of Hilton Prague Old Town Hotel to M&L Hospitality Trust

    Randa Havel Legal provided Czech law advised to the American investment group Blackstone in connection with its sale of the Hilton Prague Old Town hotel and the adjoining Gestin Centrum building to M&L Hospitality Trust. Simpson Thacher & Bartlett was lead counsel to Blackstone on the deal, while M&L Hospitality was advised by Kinstellar.

    The Randa Havel Team was led by Partner Tomas Rydvan and Senior Associate Matyas Kuzela.

    Kinstellar did not reply to our inquiry on the matter.

  • Deutsche Bank Hires New Head of Compliance & Country AFC Officer in the Czech Republic

    Deutsche Bank Hires New Head of Compliance & Country AFC Officer in the Czech Republic

    Martin Vlcek has joined Deutsche Bank as its new Head of Compliance & Country AFC Officer in the Czech Republic.

    A graduate of the Charles University in Prague, Vlcek has been working in the banking sector since 1998 when he worked as the Head of the Collateral Department at the Zivnostenska bank, which became a member of the Italian UniCredit Group in 2002. 

    In 2006 he joined Citibank Europe, where he worked until 2007, when he joined RBS as its Head of Legal in the Czech Republic. In 2016, he took on additional responsibilities as the bank’s Head of Legal and Conduct & Regulatory Affairs.

  • Jan Parik Promoted to Local Partner by White & Case

    Jan Parik Promoted to Local Partner by White & Case

    Prague-based tax specialist Jan Parik has been named a Local Partner in White & Case’s Global Tax Practice as part of the firm’s global promotions round.

    Parik advises clients on Czech corporate tax, cross-border taxation, individual income taxation, and mergers and acquisitions and reorganization accounting and taxation, as well as leveraged buyouts and private equity transactions.

    Parik is one of 15 White & Case lawyers were promoted to Local Partner around the world. Simultaneously, White & Case announced that four CEE lawyers — Ilona Fedurek and Malgorzata Mroczek (both in Warsaw) and Jakub Menci and Magda Olysarova (both in Prague) — were among the 26 promoted to Counsel around the world as well.

    “These promotions reflect the quality and achievement of our lawyers and the truly global and diverse nature of our firm,” said White & Case Chairman Hugh Verrier. “They embrace 21 offices and 13 global practices, and exemplify the way in which White & Case provides worldwide support to clients on their most important, complex, cross-border legal challenges.”

  • New EU Directive: A (R)evolution in the Payment Services Sector?

    Sector Changes

    Banks are normally associated with activities like executing payments and issuing payment cards, along with other payment services.

    Although this remains true, these days even non-bank institutions are active in the payment services sector – both regulated (e.g., credit institutions and e-money institutions) and unregulated (e.g., payment initiation services providers or PISPs, and account information services providers or AISPs). In the last decade the world of payment services has been radically changed by modern technologies – not only electronic wallets but also cloud computing and cognitive computing. More recently still, discussion has started about how distributed ledger technology or even quantum computing can be used for payment services.

    Legal Changes 

    Into this environment comes the new Payment Contact Act (the “Act”). The Act is based on Payment Services Directive 2 (PSD2). This directive sets out the basic legal framework for payment services regulation in the European Union and explicitly declares its ambition to promote technological innovation and boost competition in payment services while at the same time assuring safe and secure services for consumers. The proposed Act – already published by Czech Ministry of Finance and available online – points to a precise and “technical” transposition of this EU instrument into Czech law.

    The basic impacts of the up-coming legislative changes can be divided into three groups. First, it will cover hitherto unregulated activities, such as those of PISPs and AISPs. Second, it will reduce transaction costs and introduce stricter rules on transferring costs to consumers. Third, and perhaps most significantly, it will, when certain (particularly technical) conditions are met, provide both banking and non-banking payment service providers with the right to access the payment infrastructure of European banks and other third party payment providers and to request certain information about customers.

    Broader Regulation

    All entities now operating in the field of e-commerce, m-commerce, telecommunications, and information technology whose activities somehow involve payment transactions and/or other payment services must consider whether they will fall within the ambit of Act. The new regulatory system could affect institutions which issue payment instruments used only to acquire a very limited range of goods or services, or those which provide mobile services enabling a network subscriber to pay for goods or services using a mobile phone. It will certainly cover PISPs and AISPs. If these institutions are not banks, they will only be allowed to pursue their current activities if they obtain authorization to operate as a payment institution or e-money institution.

    Pressure on Costs

    The Act will also limit charges for payment transactions provided within the European Union (if both the payer’s and the recipient’s payment service providers are located there, or if the sole payment service provider in the payment transaction is). In those circumstances the recipient can only be required to pay charges levied by his/her payment service provider, and the payer can only be charged by his/her payment service provider. Moreover, any charges applied by the payment service provider must not exceed the direct costs borne by the recipient for using the specific payment instrument. In any case, the recipient cannot be asked to pay charges for using payment instruments for which interchange fees are regulated under the EU regulations on interchange fees for card-based payment transactions or on credit transfers and direct debits in euros.

    Greater Access to Customer Information

    For PISPs, AIPSs, and other providers of payment services – if they are authorized to provide services under the new system – the Act opens up space to obtain payment account information. Each provider will be entitled to request that a bank or person that manages a payment account provide access to relevant information pertaining to the account and related transactions. Such access to information about the account will always be subject to the user’s – the account holder’s – prior consent and to the existence of a sound IT security system capable of interacting with the IT system of the provider through an appropriate application programming interface (API).

    Considering the Opportunities

    Although it is hard fully to anticipate the real impact of the Act on the payment services market, it is clear that, considering both technological innovation and the legal framework in which a right to access information is embedded, both banking and non-banking entities will benefit from numerous business opportunities that will be opened up by this new piece of legislation. 

    By Petr Kasik, Partner, and Jan Sovar, Junior Lawyer, Kocian Solc Balastik
    This Article was originally published in Issue 3.5 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.
  • KSB Advises on Issuance of Discounted Certificates for New Rustonka Real Estate Project

    KSB Advises on Issuance of Discounted Certificates for New Rustonka Real Estate Project

    KSB has assisted Cypriot company Gramexo PLC on its issuance of discounted certificates in the value of approximately CZK 1.4 billion. Gramexo owns 100% of Rustonka Development s.r.o.— a company established for the construction of a complex of several office buildings with a total area of approximately 37,000 square meters on land formerly occupied by the Rustonka factory in Prague-Karlin.

    It is expected that the funds raised from the issuance of certificates will be provided by means of loans to Rustonka, which will use such funds for the refinancing of its bank loans, which the company used for the purpose of land acquisition and financing of the project costs of the project.

    KSB’s services included representing Gramexo during proceedings for approval of the certificates for the purpose of admission to trading on the Stock Exchange and the public bid by the Czech National Bank. These certificates were accepted for trading on the Prague Stock Exchange in autumn of this year.

    Editorial Note: After this article KSB informed CEE Legal Matters that its team on the matter had been led by Partner Martin Krejci and Senior Associate Vlastimil Pihera.