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act BSWW advises on framework agreement for intercontinental cargo flights with medical equipment

act BSWW has consulted one of its clients on negotiations and execution of a framework agreement with a leading Polish air operator, covering a range of cargo flights from China to Poland.

Aircrafts carry equipment intended for coronavirus prevention.

Comprehensive legal advisory services for the Client were provided by Michał Wielhorski, attorney-at-law, Managing Partner.

act BSWW advises on financing and purchase of land for 6B47 group company’s new investment project

6B47 Poland acquired over 2,000 square meters of land at Grochowska Street in Warsaw, east of Wedel factory. The plan is to develop a mixed-use facility made up of a dorm, retail section and underground parking lot.

act BSWW consulted on financing granted by an investment fund, as well as on 6B47 Poland’s purchase of the property from Circle K Polska.

The transaction team was managed by Piotr Smołuch (attorney-at-law, Managing Partner). Michał Pawlak (legal counsel, Senior Associate) advised on financing, while Michał Semetkowski (attorney-at-law, Senior Associate) provided acquisition-related services.

“We are glad to have been given the opportunity to work on 6B47 Poland’s first project in the hospitality sector,” says Piotr Smołuch.

The building will have 12,000 square meters. The start of construction works is scheduled for Q1 2021, with completion slated for the second half of 2022.

“We are very happy with the acquisition of land from Circle K. This is going to be our first project in Warsaw, and we hope that it will follow the success of earlier ones, allowing us to step into the hospitality sector. The purchase was financed by the company’ own capital and funds provided by the investor,” says Mirosław Januszko, member of the management board at 6B47 Poland. “Right now we are even more intent on buying land lots or ready-made developments from entities that don’t need such assets any longer. This was also the case of Circle K. We operate in the residential and hospitality sectors (dormitories, residential projects for rent / PRS and hotels). We are also looking at the so-called small business units,” adds Mirosław Januszko.

act BSWW advises AFI Europe on lease of space in V.Offices in Kraków

BrainSHARE IT, the company behind innovative software SaldeoSMART, has leased office premises with an area of close to 900 m2 in V.Offices building in Kraków.

The law firm represented the landlord – AFI Europe, a leading developer and investor operating in CEE.

The negotiation of the lease was handled by Izabela Żmijewska, attorney-at-law and Senior Associate at act BSWW.
V.Offices is an excellent location for businesses, offering office space of over 21,400 m2. Conveniently located, it has easy access to public transport. The office building is ecologically oriented. In a nod to workers who choose eco-friendly transport solutions, it was equipped with electric car chargers and bike facilities. At design stage, V.Offices was awarded BREEAM Outstanding and won the award for the most eco-friendly building in CEE at the BREEAM gala in London.

act BSWW ranked in The Legal 500 EMEA 2020

We are delighted to announce that we have received recognition from The Legal 500 EMEA 2020 in seven categories and numerous individual recommendations for our practitioners.

Recommendations for the law firm:
– real estate
– capital markets
– commercial, corporate and M&A
– construction
– white-collar crime
– dispute resolution
– banking and finance

Recommended lawyers:
– Jacek Bieniak
– Piotr Smołuch
– Michał Wielhorski
– Piotr Wojnar
– Marek Wojnar
– Marta Kosiedowska
– Piotr Pośnik

The Legal 500 is one of the world’s largest legal referral guides.
Click here and see below for more information.

REAL ESTATE – TIER 3
https://www.legal500.com/c/poland/real-estate/
Real estate is one of act BSWW’s core competencies, and the group has experience in commercial and office development transactions, with a strong client roster of real estate funds, developers, construction companies and retailers. In addition to transactional work, it also handles tax due diligence issues. The department is jointly led by managing partners Michał Wielhorski and Marek Wojnar.
Practice head(s): Michał Wielhorski; Marek Wojnar

Testimonials
‘Huge experience in office lease agreements in the Polish market; excellent knowledge of office lease commercial practices.‘
‘Marek Wojnar stands out for his exceptional expertise in advising on a variety of issues related to real estate and construction. He is someone you can trust and rely on.‘
‘Business-oriented lawyers with pragmatic solutions and wide experience.‘

CAPITAL MARKETS – TIER 4
https://www.legal500.com/c/poland/capital-markets/

act BSWW handles equity transactions, including fund raising and buyouts, but particularly stands out for bond issuances through public and private offerings for real estate and financial sector clients. Jointly leading the group, Piotr Wojnar is regularly instructed by public companies and brokerage firms on share deals and M&A, and Piotr Smołuch is an expert in bond transactions and debt-financed projects.
Practice head(s): Piotr Wojnar; Piotr Smołuch

COMMERCIAL, CORPORATE AND M&A – TIER 5
https://www.legal500.com/c/poland/commercial-corporate-and-ma/

act BSWW predominantly advises Polish and foreign public companies, corporations and investment companies on all matters relating to their operations in Poland, with particular expertise in M&A. The group is jointly led by Jacek Bieniak, who has developed a strong Italian client base, commercial law expert Piotr Wojnar and Marek Wojnar, whose practice focuses on the real estate and construction industries. Marta Kosiedowska is another name to note for M&A transactions in the real estate sector.
Practice head(s): Jacek Bieniak; Piotr Wojnar; Marek Wojnar

Testimonials
‘Reliability, activity quickness, versatility.‘
‘High quality service level.‘

CONSTRUCTION – TIER 2
https://www.legal500.com/c/poland/construction/

act BSWW advises on the spectrum of construction projects, including commercial, residential and warehouse developments, as well as infrastructure. The group’s clients include Polish and international construction companies and real estate developers. The team is instructed on construction contracts, agreements for investment-related services involving contractors, infrastructure delivery agreements, zoning and environmental regulation. The group also handles construction-related litigation and arbitration. The department is jointly led by managing partners Marek Wojnar and Michał Wielhorski.
Practice head(s): Michał Wielhorski; Marek Wojnar

WHITE-COLLAR CRIME – TIER 3
https://www.legal500.com/c/poland/white-collar-crime/

The team at act BSWW has experience across the white-collar space, with particular expertise in handling cases involving criminal liability in workplace accidents, and economic crime, including corporate bribery cases. In terms of compliance work, the team is often called upon to advise on the necessary structures and codes of conduct. Other areas of expertise include corporate defence and investigations, both internal and external. With a commercial litigation background, Piotr Wojnar, who has substantial experience before civil, administrative and criminal courts, jointly leads the team alongside experienced criminal defence lawyer Piotr Pośnik.
Practice head(s): Piotr Wojnar; Piotr Pośnik

Testimonials
‘Experience in many cases, high involvement, fast response, large team.‘
‘Piotr Posnik has very good client-facing skills.‘

DISPUTE RESOLUTION – TIER 6
https://www.legal500.com/c/poland/dispute-resolution/

BANKING AND FINANCE – TIER 6
https://www.legal500.com/c/poland/banking-and-finance/

act BSWW advises TUF Real Estate on land purchase for retail project

TUF Real Estate has closed the deal on land purchase for a new project to add to its retail park portfolio.

TUF Real Estate’s new retail park will be located in Golub-Dobrzyń and is expected to be up and running next year. The investor has already taken first steps to start the project. In March this year, TUF Real Estate sold its first project – Chełmiśki Strip Mall. The developer’s second project, Warmiński Strip Mall is underway. It is expected to open late this year.

“The town of Golub-Dobrzyń is yet to have a modern shopping center. Our project will be made up of two buildings with a total leasable area of approx. 3,500 sqm and a parking lot with a capacity of close to 100 vehicles,” says Fabian Eryk Barbarowicz, Managing Partner at TUF Real Estate Polska.

TUF Real Estate was advised on the land purchase for the Golub-Dobrzyń project by act BSWW.

The law firm’s team was led by Michał Wielhorski (Managing Partner). Other team members included Mateusz Prokopiuk (Senior Associate) and Michał Sołtyszewski (Partner).

“It is the latest in a string of projects on which we have had the pleasure to advise our Client. Previously, we assisted the Client in the implementation of a retail park in Chełmno and provided legal support in its sale,” says Michał Wielhorski, Managing Partner at act BSWW.

TUF Real Estate is a well-established real estate company, operating in office and retail real estate market. Its goal is to address the needs of small town communities. The developer’s projects reflect the potential of given location and the purchasing power of its residents, filling the market gap created by the convenience segment.

act BSWW advises TUF Real Estate on retail park sale

A TUF Real Estate company has sold Chełmiński Strip Mall, a modern retail park which is the largest retail hub in Chełmno. The new owner of the real estate is LCP Properties.

A fully-leased modern shopping complex, Chełmiński Strip Mall is the developer’s first real estate investment. TUF Real Estate’s second project, Warmiński Strip Mall is underway and is scheduled to open late this year. Its third project, a strip mall in Golub-Dobrzyń, is expected to be up and running next year.

“We are glad to be passing on a project which the local community will enjoy for years to come,” says Fabian Eryk Barbarowicz, Managing Partner at TUF Real Estate Polska. “We are committed to providing facilities that are functional in nature. This is why we are very particular about selecting investment sites. Our projects target small towns, where the development of this type of object allows to satisfy the shopping needs of the local community. Apart from Warmiński Strip Mall, which is pending completion, we have started the development of and taken steps to lease the space in the strip mall in Golub-Dobrzyń, which is expected to open next year. “We are also actively working on two other projects to be completed this year,” he adds.

TUF Real Estate was advised on the sale of the retail park in Chełmno by act BSWW. The law firm also assisted the investor in the course of project development. The park was opened last year, in November.

The law firm’s team was led by Michał Wielhorski (Managing Partner). Other team members included Mateusz Prokopiuk (Senior Associate) and Michał Sołtyszewski (Partner).

“Retail parks continue to be an attractive segment of real estate market,” says Michał Wielhorski, Managing Partner at act BSWW. “Our Client’s successful projects are an excellent example of this,” he adds.

TUF Real Estate is a well-established real estate company, operating in office and retail real estate market.

Chełmiński Strip Mall is a cutting-edge retail/service complex located at 18 Polna Street in Chełmno. It was opened in November 2019. The project is made up of three buildings with a total leasable area of approx. 5,800 m2 and 170 parking spaces. All the space in the complex has already been leased to major Polish and international brands, incl.: Pepco, Rossmann, CCC, Martes Sport, KIK, Media Expert, Dealz, Gzella, PLUS GSM, Biedronka.

act BSWW reinforces its bankruptcy and restructuring practice

The act BSWW bankruptcy and restructuring team has been joined by Barbara Szczepkowska. She will be a Partner and will co-head the practice.

Barbara consults on bankruptcy and restructuring law. Her expertise also covers civil and commercial litigation.

“Barbara is a seasoned advisor with many years of experience consulting Clients in bankruptcy and restructuring proceedings,” says Piotr Wojnar, Managing Partner at act BSWW.

Her practice focuses on bankruptcy and restructuring proceedings regarding businesses

Having advised receivers, court-appointed supervisors and administrators, she boasts vast experience in advising insolvency practitioners. In bankruptcy and restructuring processes, she protects the interests of both creditors and debtors.

Moreover, Barbara has successfully represented clients in a few dozen personal bankruptcy processes ending in the debtor’s release from debts.

She has also handled a variety of other court cases, including complex fraudulent transfer cases and major damages recovery cases.

“The move to grow the bankruptcy and restructuring practice was dictated by the expectations of our Clients,” adds Piotr Smołuch, Managing Partner at act BSWW.

Prior to joining act BSWW, Barbara worked for many years for Zimmerman i Wspólnicy.

She authored numerous publications related to her practice.

act BSWW advises on one of this year’s largest deals in Poland’s real estate market

Buma Group, a major developer based in Kraków, is selling its real estate assets to Reino RF CEE Real Estate. The portfolio sale covers office and residential buildings, residential and office development land, construction projects, incl. office projects nearing completion, with over 110,000 m2 of leasable area a major part of which has already been leased, and  land allowing the implementation of office projects with a total leasable area of over 80,000 m2 and residential projects with a total area of over 100,000 m2.

The parties signed the preliminary agreements for the sale of Buma’s assets on 14 and 28 February 2020.

The assets will go to Reino RF CEE Real Estate, a joint venture established by two investment companies – Reino Capital and RF CorVal International Holdings Limited. The final agreements are to be executed by the end of June this year. The total value of the assets sold by Buma runs in excess of PLN 1.3bn.

act BSWW provided transaction-related legal advice to the Management Boards of Buma Group companies.

The law firm’s team was led by Michał Wielhorski (Managing Partner) and included Mateusz Prokopiuk (Senior Associate), Michał Sołtyszewski (Partner) and other members of real estate and tax teams.

Buma Group is the leader in the office market in Kraków. Its projects include office and residential developments, real estate management and general contracting for investments and facades. Over a period of almost thirty years, the company has completed more than a dozen residential and office projects covering a leasable area of 250,000 m2.

Reino Capital Group is a listed holding company made up of businesses operating in commercial real estate sector.

Established in Australia, RF CorVal is a real estate fund manager and investor managing over USD 2.2bn in assets.

The buyer was supported in the transaction by Greenberg Traurig. The seller was advised by Clifford Chance, Domański Zakrzewski Palinka and Oleś & Rodzynkiewicz.

Fujitsu Poland Global Delivery Centre in Łódź to change its location and go for Fuzja

The Fujitsu Poland Global Delivery Centre team in Łódź seems to be at a watershed moment. So far, the centre has been operating in two locations in Łódź, providing a wide range of IT services to clients from all over the globe. Now, it has decided to consolidate its office. From 2022, employees of the local branch of the leading Japanese IT service provider will be taking up technological challenges in the revitalized quarter of Łódź.

Fujitsu Technology Solutions is the largest IT infrastructure provider, operating on all the major markets in Europe, the Middle East, Africa, and India. Its clients include large enterprises, SMEs, and individual clients.

The company began its Łódź journey in March 2009 with the opening of the Fujitsu Poland Global Delivery Centre – a key location in the Fujitsu global service network. The centre provides IT support services for global clients as part of remote IT infrastructure management (end clients and data centres), application services, research on the development of new technologies and innovative products, as well as financial and accounting management for Fujitsu branches. It is here where hundreds of specialists provide solutions and support 119 leading brands from all sectors: finance, banking, automotive, services, industry/production, and telecommunications 365 days a year, 24/7.

On a daily basis, the Service Desk (first and second line support) works in 21 languages, including English, German, French, Hungarian, Italian, Turkish, Slovenian, Greek, and Czech.

The decision to consolidate and choose a new location is another step in the company’s growth in Łódź. Fujitsu will take up 16,300 sqm of the Fuzja office space. The new headquarters will be built in the immediate vicinity of the historic Art Nouveau CHP plant, which soon is going to be refurbished and adapted to new functions.

Since the opening of the first building in Łódź in 2009, each subsequent stage of our move has stemmed from our continuous growth. Over time, we opened new business lines and hired more specialists, so naturally our teams expanded. It was starting to be a tight squeeze. In spring 2016, we decided to launch a second Łódź location – says Piotr Jankowski, Managing Director of the Fujitsu Poland Global Delivery Center. – Employee reactions were completely different. We were learning to operate from two locations, but the dynamics of our development and the voices of our personnel showed that consolidation was a must. A positive work environment and the type of cooperation which blurs the division into business lines or structural hierarchy are the two key elements making our approach to services and organizational culture unique. There is nothing more important to us than our employees feeling comfortable at work, hence the search for one shared location. The question arose – what a new shared destination should be like: more campus-style (like Textorial Park) or more office-style (like University Business Park). We asked our employees about their dream office. The survey conducted by the Colliers International team clearly indicated an inclination for a campus. Fuzja will make it happen. It will give us a place where our entire Fujitsu team will be able to work under the same roof in the very heart of the city, go out for lunch when off-duty, organise team-building events, eat dinner with the client, or quickly run their private errands – this is our dream come true. We are already counting down the months until moving – he adds.

Fuzja, developed by Echo Investment, will breathe new life into this part of Łódź. The nearly 8 hectares of the post-industrial city space in Tymienieckiego Street are undergoing revitalization. The historic buildings will regain their former splendour and become filled with people again thanks to their new functions. New facilities will be built to supplement the existing urban fabric with places to live, work, and socialise. The entire city quarter will re-open to welcome employees, residents, and visitors. The bustling Fujitsu centre will be created in the immediate vicinity of residential flats, shops, restaurants, cafés, local squares, and shared spaces full of greenery.

The decision of Fujitsu to choose Fuzja for their new joint headquarters of Fujitsu Poland Global Delivery Centre proves that the project has great assets. The project works are gaining momentum. Although there is still a lot to be done, today we are celebrating another ground-breaking moment for the project. We are proud to announce that the Fuzja community will be joined by the great people working in the Fujitsu teams. From the very outset, we have been emphasising that what we are creating is a very unique space on the map of Łódź. Services at your fingertips, delicious coffee just around the corner, a great restaurant for lunch breaks, green squares perfect to take a breather or attend a compelling meeting or event – that is what Fuzja is all about. A colourful bustling space full of people who simply like where they are – says Katarzyna Kubicka, Regional Director at Echo Investment’s Office Department.

Colliers International helped to choose the final location and eleborate hone contract details by Fujitsu. act BSWW advised Fujitsu on legal issues.

Historically fuelled by the textile industry, Łódź is experiencing a renaissance. Revitalization of entire city quarters what can be proved by Fuzja, launching new projects, excellent job market, and availability of highly-skilled specialists attract the biggest players from the business services sector (SSC/BPO). This is further corroborated by the decision to expand Fujitsu in Łódź. Consolidating the existing company locations and choosing Fuzja for a new headquarters is a breakthrough moment. We are glad that we can be part of this process and celebrate the signing of the third largest office space lease agreement on the Łódź market – says Marcin Włodarczyk, Regional Director of Colliers International in Łódź.

Thanks to projects such as Fuzja, city parts gain a unique character, being valuable for residents and businesses. This is an extremely positive trend on the Polish real estate market. We are extremely pleased that we could advise Fujitsu while concluding a lease agreement in such a unique place and with such a significant transaction on the office space commercialization market. It is another project where we support our client – says Alicja Sołtyszewska, Partner at act BSWW.

act BSWW has advised a company controlled by Mariusz Książek on a joint venture project with DeA Capital group

act BSWW has advised MK Holding Sarl, a company controlled by Mariusz Książek, on a joint venture project carried out with a company belonging to DeA Capital group, an Italian based, world-wide investment group focusing on real estate and equity investments.

The project consisted in setting up a joint venture company which will focus on real estate asset management services in Poland.

act BSWW has rendered complex legal services including representation of MK Holding Sarl within negotiating the terms of the investment agreement as well as representing both parties within the whole competition clearance process and assisting the parties within the process of completion and setting up the JV vehicle.

The transaction was led by Jakub Salwa, with participation of Janusz Szeliński and under supervision of Piotr Smołuch.