Practice

We hold together a powerful group of dynamic and professional lawyers whose expertise involves almost all field of business law. Their services do not just involve giving legal advice; they strive to help in Your work as strategic partners.

Our clients are companies as well as individuals, with a balanced proportion of domestic and foreign undertakings. Since its founding, RATKY & PARTNERS Attorneys advised a number of clients – mainly on a permanent basis – in various areas of law, including i. a.

• Energy and Utilities

  Regarding domestic legal advice on energy, our firm has achieved top level in the recent years, which is convincingly shown by the number and complexity of the cases dealt with, the enlargement of the Energy Practice Group and our professional reputation. The Energy Practice Group of the firm gives legal advice inter alia, covering the complete sector, in the following practices:

  • electricity system operation;

  • production of conventional and renewable energy; wholesale energy trade;

  • storage of natural gas and electricity; complex infrastructure projects;

  • international litigations on investor protection; cross-border investments.

  Our Energy Practice Group participates or takes a leading role in the most significant current events of the energy sector, such as:

  • several international legal disputes;

  • numerous natural gas and electricity projects;

  • operation of several large power plants;

  • legal advice of numerous projects on installation, expansion or infrastructure development;

  • and constant advice on regulatory matters.

  
  

  ln the recent years, we have handled numerous cases requiring special expertise, as a result of which we have unique experience in the energy sector:

  • litigations launched in Washington D.C. for investor protection on regulatory, energy law and domestic law issues;

  • EU law and domestic law (regulatory) matters underpinning the establishment of high-value decisions related to the development of a nuclear power plant;

  • the preparation and negotiation of settlements concerning the acquisition of a large natural gas licensee;

  • the EU regulation trends of electricity system operation, in legal argumentation against the so-called "Win­ ter Energy Package'' and in favour of the autonomy of Member States;

  • the legal regulatory environment of electricity storages and the possible amendments thereof;

  • electricity incumbent operators on the contestability of re-signed PPAs or even on sectorial state-aid matters;

  • in a legal dispute on purchase price correction following a major domestic industrial acquisition;

  • legal disputes of natural gas traders on cross-border transmission;

  • infrastructural (interconnector) matters with inter­ national and EU regulation aspects.

  As a result of our leading experience, we are often contacted by other professionals, the press, sectorial organizations, universities or conferences on sectorial matters. Our firm is the only accredited Hungarian member of the prestigious Associated European Energy Consultants (AEEC). The head of our Energy Practice Group is a Board Member of the Hungarian Energy Society and the president of the Interdisciplinary Section thereof. Moreover, he is a fellow teacher at the Energy Market Economist course of Regional Centre for Energy Policy Research (Corvinus University of Budapest).

  
  

• Corporate law

  We carry out our activities on a wild range of corporate law issues for our domestic clients and in domestic affected matters for our international clients as well. ln this controlled law field we provide legal advice based on wide experience and highly personalized level for our clients.

  During our activities, as strategic partner, we support our clients in making decision of choosing the right farm of the company to be established by taking into consideration their economic aims, we draft the necessary establishing documents and support acquiring the required authority permits as well.

  Besides the general corporate issues we consider important specialities of each form of the companies.

  Our legal services cover the field of corporate law as follows:

  • company-establishing, modification procedures

  • establishing branch offices and commercial represen¬tatives of foreign companies, and providing full legal support

  • giving legal advice in establishing and modification procedure of other company forms and civil organizations, and providing their legal support

  • preparing necessary (often obligatory) company events during the business activity of every company form and draft the documents of such events

  • drafting internal regulators of the companies connecting to the above

  • drafting documents and providing full legal support in share-acquisition matters

  • ensure overall legal support in every types of transformation matters from drafting the step plan until the deletion of the company

  • drafting required corporate and other documents in procedures of dissolution without legal successor

  • legal representation in liquidation and bankruptcy proceeding

  • giving legal advice in disputes between the company and its members or the members

  • drafting documents and providing legal representation before corporate courts during modification proceeding of the registered company group

  
  

• Tax law

  Our firm has extensive experience in the field of tax law. With several years of expertise, our colleagues advise numerous international and Hungarian businesses related to their day-to-day and complex tax issues. Apart from Hungarian tax laws, we have significant experience in international and EU tax laws.

  As part of our tax services, we offer (for all types of taxes): transactional tax advisory services:

  • tax planning and structuring,

  • preparation of tax memoranda and legal opinions,

  • assisting in advance pricing arrangements and other tax procedures,

  • representation in tax audits and in tax litigation.

  We have outstanding expertise in the following areas:

  • Taxation of real estate transactions (tax due diligence of real estate companies, real estate specific VAT and transfer tax issues);

  • Taxation of business restructurings and reorganizations;

  • Handling VAT risk of domestic and international transactions, representation in VAT audits and in VAT litigation;

  • Representation related to crisis and sectorial taxes, including representation in front of the Hungarian Constitutional Court, the CJEU and the ICSID;

  • Defense of transfer pricing arrangements both in front of the tax authority and the Hungarian courts;

  • International double taxation issues, including the recent changes promoted by the OECD and the EU;

  • Domestic and international expatriation, employee share purchase plans and other employment related tax questions.

  
  

• Dispute Resolution, Out-of-Court legal proceedings

• M&A and transactions

  Our firm provides legal advice, based on wide experience, related to corporate law, domestic and cross-borders mergers and acquisitions.

  We brings cutting-edge expertise to M&A transactions which involve state owned entities, public sector players and companies operating in heavily regulated sectors such as the energy sector. Our M&A department is best known for approaching these transactions in a complex way ensuring that the best deal is made for our client while complying with every regulatory rule.

  Our M&A team is unique also because we built an extensive knowledge on how to execute high value deals in the public and regulated sectors where public laws, special regulatory conditions and state treasury requirements shape the legal framework

  All members of our team has a deep understanding of both domestic and regional M&A trends. ln the recent years, our Firm advised on M&A transactions with an amount exceeding EUR 100 million.

  ln this respect we would highlight the following cases:

  • advising re acquisition of shares of a major security company (legal due diligence and agreement preparation);

  • advising re acquisition of shares of a market leader agricultural machine parts manufacturer (legal due diligence, tax structuring and agreement preparation);

  • advising re cross-border merger of a Dutch and a Hungarian company where the surviving company is the Hungarian party in line with the provisions of Directive (EU) 2017/1132;

  • advising re acquisition of a boiler manufacturing plant with a value of EUR 10 million;

  • advising re acquisition of shares of a major cleaning company (legal due diligence and agreement preparation);

  • advising on the sale of several shopping malls for a major domestic real estate investor group.

• IMMIGRATION LAW

   Our Law Firm provides legal and advisory services for all types of residence and permanent residence permits in Hungarian, English, Russian and German languages to our national and international clients.

  In the field of immigration law, our legal services cover in particular:

    RESIDENCE IN HUNGARY

  ·          Residence permit for the purpose of family reunification

  ·          Residence permit for the purposes of employment

  ·          Residence permit for the pursuit of the gainful employment

  ·          EU Blue Card

  ·          Residence permit for other purposes

  ·          Permanent residence card

  ·          Temporary residence permit

  ·          National visa and national residence permit

  ·          Single application procedure

   

  PERMANENT RESIDENCE IN HUNGARY

  ·                         Permanent residence card

  ·                         EC Permanent residence permit

  ·                         Interim residence permit

  ·                         National residence permit

   We propose to Our Clients the professional representation in the immigration and other authorities and legal assistance in the administration of required procedures.

• Real Estate Transactions & Development

  Our firm provides legal advice, based on wide experience, on all kinds of cross-border and domestic matters related to real estate and construction law to clients operating on a domestic or international level. All members of our team has an outstanding expertise on both domestic and regional real estate markets and are aware of the trends, standards and objectives that drive the market players in the sector.

  During the recent uptrend in the Hungarian real estate market, our Firm provided advice ín numerous, significant real estate transactions (from the phase of due diligence through tax structuring, right up to execution of agreements), using various kind of legal solutions. Our team has participated in the drafting and negotiation of the lease agreement of numerous office buildings ín ''X' and ''.A+" category with outstanding success. ln addition, our firm has solid knowledge in construction law as well, whether it may be participation in licensing procedures or general construction law advice. ln this context, we would like to highlight that we are currently representing significant real estate enterprises related to their infrastructural and civil engineering projects with a value exceeding EUR 100 million.

  ln this respect we would highlight the following cases:

  • advising on the sale of several shopping malls for a major domestic real estate investor group

  • advising re acquisition of a boiler manufacturing plant with a value of EUR 10 million

  • preparation of lease agreement for the headquarter of a significant domestic mail service provider

  • preparation of Hotel lease and O&M agreements for a 5 star Hotel;

  • advising on the development of a five hectare logistics center;

  • advising on the development of a 200 apartments condominium (preparation of the construction agreements);

  • advising on numerous FIDIC (yellow/red) based infrastructural (railway, highway) developments;

  • preparation of EPC I Turnkey agreements regarding Power Plant developments;

  • advising on several real estate law related agreements and registrations (cable rights; easement rights; land usage rights, etc.) for power plants using renewable energy (wind, solar);

  • advising on the acquisition of a 50 pieces real estate portfolio with a value of EUR 10 million for a major domestic real estate found.

• Employment Law

  Our Firm has extensive experience in the field of employment and labour law: we have been representing both international and local firms with significant workforce from the establishment to the termination of the employment relationships. We work closely with our clients' HR teams in order to find practical solutions to the upcoming issues.

  Our legal services cover the entire field of employment and labour law. ln particular, our engagements include the following tasks:

  • drafting and review of employment contract templates;

  • drafting and review of internal labour policies;

  • legal assistance in connection with employment termination matters, including the persona! assistance and involvement in sensitive matters;

  • collective labour issues;

  • a legal assistance in connection with labour inspections and work safety issues;

  • labour disputes and employment litigation.

  ln addition, we have special expertise in connection with working time issues. On several occasions, we have elaborated innovative structures within the available legal framework in order to assist large enterprises in the optimal use of their workforce.

  We also have extensive experience in connection with employee transfer issues. In addition, we represented our clients in connection with several collective redundancies.

  Our team also places great emphasis on self-development and active participation on professional events. As an acknowledgment of our expertise and experience in the field of employment and labour law, we are often contacted by other professionals, the press and conferences.

• Finance & Banking Law

  The professional services provided by the Banking and Finance Practice Group of Rátky & Partners Attorneys for its clients is widely acknowledged in the market. Amongst others our Firm has assisted in the establishment of venture capital fund manager companies, in various types of licensing issues of credit institutions and financial enter­ prises, in resolution procedures and in ADR procedures at the Financial Arbitration Board. Our colleagues have gained substantial experience in the field of banking and financing regulations.

  The up-to-date monitoring of the practice of the authorities, and keeping in touch with the regulatory bodies is essential, as this enables us to provide high quality and valuable services for our clients.

  Furthermore, our firm has an outstanding practice in the transfers of portfolios of credit institutions and financial institutions, as well as in company transformations and mergers and acquisitions thereof. ln the recent years, we have assisted in the transfer of credit and outstanding claims portfolios in value over HUF 300 billion.

  Besides the above, our Firm has gained a thorough experience in the field of debt management activities against private individuals and legal entities as well, including all forms of client representation in forced procedures.

• PUBLIC PROCUREMENT

  The Public Procurement Practice Group of Rátky & Partners Attorneys has been a prominent player of the business and economic activity. Our colleagues are experts, each having professional experience exceeding a decade in this field, who have resolved multitudinous situations on the side of contracting authorities as well as on tenderers:

  Our fundamental objective is to offer the best solution to our Clients following a thorough assessment of their expectations in each public procurement procedure, and to grant all lawful means and necessary support in order to achieve optimal results.

  We have outstanding experience regarding public procurements of market operators in the innovation and technology industry, as well as in the public utility ser­ vices sector. The individual expertise of our colleagues have been recently united upon the knowledge on public procurements of the sectors as follows:

  • energy;

  • water utilities;

  • environmental protection, waste management and decontamination;

  • transportation;

  • mail services.

  We have obtained paramount experience related to procurements of public utility service providers and have comprehensive expertise in relation to the use of domestic resources as well as the conduct, regularity audit and follow-up audit of projects financed by the European Union.

  Our Public Procurement Practice Group has acquired successful experience in each type of public procurement procedures, such as the pre-qualification system, procedures launching with periodic indicative notices or electronic conduct of centralised procurement procedures formed by multiple contracting entities.

  The significance of our law firm's public procurement activity is clearly shown by the fact that the estimated value of public procurements projects conducted or super­ vised by us exceeds HUF 5,000 billion.

• Competition Law

  With respect to the expectations of our Clients, our firm has obtained wide experience in the diversified fields of competition law:

  • mergers & acquisitions (M&A);

  • abuse of dominant (economic) position and related matters;

  • restrictive agreements, unfair commercial practice (consumer protection);

  • public monopolies;

  • state aid.

  We are available to our Clients with in-depth theoretical and practical knowledge regarding all matters under the jurisdiction of the Hungarian Competition Authority. The Competition Practice Group gives advice on transactions that qualify as a merger regarding the obligation of notification (authorization), assists the submission of the application for the authorization by the competition authority, and represents the Clients of the firm before the Hungarian Competition Authority during the whole procedure, from the pre-notification to the judicial review, if any. We support our Clients in making decisions by providing a legal solution that fits and enforces their interests the most, still complying with competition law regulation.

  ln addition, our team gives advice in various state aid and EU funding issues, as well.

• Intellectual Property, Patents and Trademarks

• DATA PROTECTION

  Our Firm has great experience in the field of data protection and participated in preparation for compliance with the provisions of the GDPR effected as of May 25, 2018.

  Besides the general personal data protection issues, we supported efficiently our clients' (smaller companies and large company groups as well) preparing for the GDPR.

  Since the GDPR has come into effect we train our clients and also getting experience through examining and answering questions arising from activities of our clients.

  We also consider important keeping contact with the competent authority and other performers of the sector, especially in order to get knowledge of the modified practice under the GDPR.

  
  

  Our legal services cover the field of data protection as follows:

  • building data protection system in accordance with the GDPR through drafting of its documents and creating internal company procedures accordingly;

  • reviewing internal company regulatory system and ensuring its conformity with the GDPR;

  • training employees;

  • answering questions and solving problems arising from the application of the GDPR provisions;

  • performing internal data protection officer's duty (under the Act on Informational Self-determination and Freedom of Information) then preparing data protection officers to perform DPO's activity (under the GDPR regulations).

• PHARMACEUTICAL LAW

  Our Firm has extensive experience in a wide range of areas concerning pharmaceutical law. With several years of expertise also gained in international law firms and at pharma regulators and public administration, our colleagues have valuable multi-side approach of both day­ to-day and complex issues of producers and wholesalers of pharmaceutical and medical devices as well as concerning healthcare service providers, nutritional supplement providers, in vitro medical devices, blood products, clinical trials and also medical aids.

  Apart from licensing, regulatory compliance and due diligence reviews we have considerable routine in Hungarian specialties as well like social security funding of pharmaceutical, medical devices and medical aids, promotion and advertising products with the distinction of medical devices and medical aids, soft law recommendations and practices of the authorities and so on. Furthermore, we can flexibly assist in examining adherence and patient support programmes, alternative promotional strategies, and make practical recommendations also concerning the accompanying matters like IT, trademark issues, ethical and health care service providers' compliance requirements.

  We have outstanding expertise in the following areas:

  • full-range regulatory know-how concerning pharmaceuticals, nutritional supplements, medical devices, in vitro medical devices and medical aids;

  • blood products and clinical trials, adherence programmes;

  • classification, licensing and registration issues, assistance in public administration procedures, including legal remedies;

  • social security funding operation and administration;

  • promoting and marketing issues;

  • labelling and package leaflet issues, IP, IT, trademark specialties;

  • ethical issues.

• TELECOMMUNICATION & INFORMATION TECHNOLOGY

  The telecommunication and information technology practice group of Ratky and Partner Attorneys has been reliably providing legal support for its clients for several years. Our client base includes telecommunication service providers and both professional users and providers of information technology services. For our clients operating in the field of telecommunication services we provide a wide range of legal services, such as assistance throughout the implementation of their development projects or keeping their general terms and conditions up-to-date. We help our clients operating in the field of information techno­ logy in their software development, sales and procurement projects.

  Our most sought-after legal services in the field of telecommunication:

  • full service regarding the establishment of rights of way and other use of property;

  • legal representation in administrative procedures,

  • consulting about legal matters of product development,

  • drafting GTCs and individual contracts.

  ln a substantial number of information technology cases we co-operate with our data protection practice group in finding the legal solutions. Our tasks most commonly include the following:

  • drafting software usage agreements (in software procurement, software sales, development other types of license agreements),

  • consulting about legal matters of software development,

  • legal representation before the Council of Copyright Experts.