MITEL & ASOCIATII SCA

Address: 143 Calea Grivitei, 1st District, Bucharest, RO-010741, Romania
Tel: +4021 314 31 55/57
E-mail: [email protected]
Web: www.mitelpartners.ro
Most senior representative: Sorin Mitel
No. of local partners: 5
No. of lawyers: 25
Offices in Romania: Bucharest
Representative clients include: Airbus Helicopters, Arabesque, Adama, Immofinanz Services Romania, Mezzanine Capital Partners GP Limited, Rewe Group, Lear Corporation, Sand Hill Petroleum Romania, Stericycle Romania, Unicredit Services.

Partners and heads of practice

Sorin Mitel, Senior Partner and Founder

Areas of specialty: Mergers & Acquisitions; PPP, PFI and Infrastructure Projects; Energy, Natural Resources & Utilities; Employment & Pensions and Real Estate & Constructions. Education: 1993-1997: University of Bucharest - Faculty of Law; 1987-1992: Polytechnics University of Bucharest. Professional background: 2003-present: Senior Partner at Mitel & Asociatii; 1999-2003: Partner at Musat & Asociatii; 1997-1999: Associate at Musat & Asociatii.

 

Madalina Paisa, Partner

Areas of specialty: Corporate & Commercial; Mergers & Acquisitions; Venture Capital; Banking & Finance; Energy, Natural Resources & Utilities; Employment & Pensions. Education: 1996-2000: University of Bucharest - Faculty of Law; University of Paris I Pantheon Sorbonne. Professional background: 2006-present: Partner at Mitel & Asociatii; 2003-2005: Senior Associate at Mitel & Asociatii; 2000-2003: Associate at Musat & Asociatii.

Magda Dima, Partner

Area of specialty: Representation of Romanian and foreign companies, both in pre-litigious negotiations and before courts of law and arbitration courts. Education: 1999-2002: National School of Political Studies and Public Administration, Faculty of Communication and Public Relations; 1995-1999: Hyperion University - Faculty of Law. Professional background: 2009-present: Partner at Mitel & Asociatii; 2007-2008: Senior Associate at Mitel & Asociatii; 2004-2006: Associate at Mitel & Asociatii.

 

 

Serban Suchea, Partner

Area of specialty: Corporate & Commercial; Mergers & Acquisitions; Employment; Competition and Data Protection. Education: 2001-2005: University of Bucharest - Faculty of Law. Professional background: 2016-present: Partner at Mitel & Asociatii; 2015-2016: Counsel at Mitel & Asociatii; 2009-2015: Senior Associate at Mitel & Asociatii; 2006-2009: Associate at Mitel & Asociatii.

Ioana NEGREA, Partner

Practice area: Real Estate, Constructions & Environment. Education: 2003-2007: University of Bucharest - Faculty of Law. Professional background: 2018-present: Partner at Mitel & Asociatii; 2016-2018: Counsel at Mitel & Asociatii; 2010-2016: Senior Associate at Mitel & Asociatii; 2007-2010: Associate at Mitel & Asociatii.

List of the most representative projects

Corporate and M&A

For over 20 years, the law firm has been a permanent legal advisor for Airbus Helicopters Romania and Airbus Group, providing full range of legal services regarding all aspects of Airbus’ business relations and day-to-day activity. The firm assisted the client during the launch of a new final assembly line of helicopters (H215) in Ghimbav, Romania. The project was estimated at €40 million and received direct State aid. After completion of the project we have been continuously assisting the client for corporate and commercial matters (mergers, drafting and negotiating commercial agreements, corporate services and legal assistance to the Board of Directors).

Following steady expansion in Romania, Lear group currently operates 6 plants in Romania in various sectors related to car manufacturing industry. The law firm has been continuously and exclusively servicing Lear for more than 15 years in connection with a wide range of corporate & commercial matters related to the day-to-day management of their business in Romania, including assistance for opening and operation of all their plants, development projects, new business challenges during Covid-19 pandemic and a various range business agreements and commercial contracts.

The law firm has been advising GED Eastern Fund II in connection with all M&A matters related to their Romanian portfolio (namely investments in Continental Hotels (owner of Continental and IBIS hotels), Diamedix Impex (distributor of medical equipment), Total Energy Business (energy cogeneration), Infopress Group (printing industry) and Happy Tour (tourism agency). Currently The team is advising GED Eastern Fund II regarding their strategy for exiting the Romanian market. Also, the law firm is currently involved in all GED projects focused on divestment, covering a full range of services, including vendor due diligence reviews on all target companies, identifying and assisting with the implementation of potential remedies and improvements in order to prepare the companies for the exit process, negotiating with potential buyers and investors, and coordinating all corporate and day-to-day legal assistance required by the Romanian companies in GED’s portfolio.

For over 10 years the law firm has been advising Stericycle Romania on all corporate and commercial matters and permitting procedures related to the day-to-day activity of the Romanian companies of Stericycle Group. The team has been assisting Stericycle Group in over 15 share deals and asset deals in the context of their steady expansion in Romania, as well as in two successive mergers of their Romanian subsidiaries.

For over 15 years the law firm has been involved with virtually all aspects of Arabesque’s business relations and, in particular, have been dealing with all M&A and corporate matters of the company. The assistance includes corporate matters, as well as negotiation, drafting and advice on a wide variety of commercial contracts, competition and regulatory matters.

Specialist lawyers: Sorin Mitel, Madalina Paisa.



Banking

The law firm advises Accession Mezzanine Capital in relation with all their day-to-day legal matters and also in connection with their mezzanine financing investments on the Romanian market. In addition to event-driven work, including M&A transactions, the team advised the client with regard to equity and restructuring of outstanding debt.

The law firm has been advising Arabesque on complex finance projects, including bilateral and syndicated loans, corporate individual or group financing, refinancing of existing debt and finance leases of over €100 million. The work includes assistance on financial structuring, negotiating and implementing finance projects, whereas the firm's expertise in the field perfectly combines with an in-depth knowledge of the client’s business. The law firm is continuously involved in drafting and negotiating loan documentation packages, including security documents. The firm has also been assisting the client in negotiations for obtaining various banking products and services for business development main from bank institution in Romania (among which Unicredit Bank, ING Bank, Alpha Bank, BRD Groupe Societe Generale), Arabesque is among the top 100 companies in Romania.

Assistance in negotiations related to a long-term loan facility granted by CEC Bank for refinancing all credit facilities granted to Continental Hotels by CEC Bank. The law firm was actively involved in the negotiations with the financing bank alongside advising on corporate and real estate matters associated with the refinancing process. The team also assisted the client in reviewing and negotiating the entire security package including movable and immovable mortgages and, where applicable, restructuring its facility agreements. The firm has been also assisting Continental Hotels in their relationship with other financing institutions (Alpha Bank, UniCredit Bank, Raiffeisen Bank), especially during the Covid-19 pandemic. Continental Hotels is a well-known Romanian hotel chain. The chain includes 13 hotels.

Full legal assistance and support in connection with Unicredit Services operations in Romania. UniCredit Business Integrated Solutions is the UniCredit Group’s global services company created from the integration and consolidation of 16 Group companies and is dedicated to providing services in the sectors of Back Office and Middle Office, Real Estate, Security, ICT and Procurement.

The firm has been advising Diamedix Impex in connection with a long-term loan from ING Bank and an overdraft facility from Alpha Bank. The work included: reviewing of transaction documents, drafting of amendments to loan documentation, assistance in negotiations of the parties, and legal assistance in signing the transaction documents.

Specialist lawyers: Sorin Mitel, Madalina Paisa.



Real Estate

The law firm advises Immofinanz Services Romania, a leading retailer, regarding land acquisitions in order to open several supermarkets across Romania, as part of its expansion strategy. The firm has put together a multidisciplinary team of experienced lawyers, capable to work round the clock so as to provide the firm's services in accordance with the high expectations and tight schedule of the client. The work for the client has involved advising on the sale of land bank and development of several retail and residential projects of more than 1,000 flats all around Romania.

Advised the project companies of Alpha Bank, Cordia Residence, in connection with the sale of more than 600 apartments held in Doamna Ghica Plaza and Privighetorilor residential projects.

The law firm has advised Grupo Harmonia in connection with the restructuring of its real estate portfolio and the sale of its residential project located in the northern part of Bucharest. Also, the team has provided legal counselling in relation to the Alta Vista Project, a new real estate development project involving approximately 600 apartments.

Advised Rewe, a leading retailer, regarding land acquisitions in order to open several supermarkets across Romania, as part of its expansion strategy. The law firm has put together a multidisciplinary team of experienced lawyers, capable to work round the clock so as to provide their services in accordance with the high expectations and tight schedule of the client.

Advise H4L regarding land acquisition in order to develop a residential project.

Specialist lawyer: Ioana Negrea.



Tax

Legal assistance and representation for a large distributor of construction and finishing materials in a fiscal inspection procedure whereby payment obligations in a significant amount were set. The relevant matters under discussion in the file refer to the legal conditions provided for VAT deduction and VAT exemption, considering the particular aspects of the disputed matter, and to the refusal of the national Tax Authorities to approve such deduction/ exemption. Furthermore, the Client was represented in the pre-litigious proceedings related to an authority’s refusal to reimburse fuel excise.

Legal advice for a Romanian electricity producer in relation to a fiscal dispute concerning a decision issued by the local authorities having as subject matter taxes arising from construction permits and the non-unitary interpretation of applicable legal provisions.

Legal assistance for a well-known Romanian player on the market of bottled mineral water related to the administrative proceedings required following the resolution of a VAT reimbursement related dispute. The role of the firm's department was to analyse the risks entailed by the content of the court decision (some of court’s orders being incomplete) as well as to carry on the correspondence with the competent Tax Authority in order to facilitate the reimbursement of amounts resulting from the annulment of administrative deeds.

Legal assistance and representation for a romanian subsidiary of a VPN services provider in a dispute related to the results of a tax inspection during which the Romanian Tax Authority expressed suspicions as regards the actuality of operations carried out by the company, thus additional VAT and income tax were calculated. Also, the inspectors submitted a criminal complaint for alleged tax evasion crime, consequently the company was not able to challenge the results of the inspection. The litigation aims to oblige the authorities to resolve the administrative challenge against the inspection results.

Specialist lawyer: Magda Dima.



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