Contributions to legal drafting

In Estonia, SORAINEN lawyers:
(Cases initiated by client)

  • drafted a proposal for the Ministry of Justice to amend the Restructuring Act, which was passed and took effect at the end of December 2008;
  • drafted amendments to the Natural Gas Act and the Law of Investment Funds;
  • participated in legislative proceedings in the Estonian Parliament, achieving non-inclusion of a proposal to amend the Electronic Communications Act so that communications undertakings would have to bear the costs incurred in relation to providing access to their networks for surveillance – ie communications undertakings remain entitled to compensation for costs incurred in relation to granting access to their networks for surveillance activities;
  • pointed out misleading aspects of the Estonian Income Tax and VAT Acts, options (CIT) and expropriation (VAT), leading to some provisions being changed;
  • pointed out misleading aspects of Tallinn Sales Tax Regulation, leading to some provisions being changed;
  • drafted amendments to a regulation of the Minister of Economics and Communication on calculating the fee for use of railway infrastructure;
  • initiated and drafted changes to the Estonian Property Act aimed at better regulating registration in the Land Register of pledges over personal right of use of real estate, thus improving the regulatory regime for secured lenders;
  • proposed and drafted amendments to draft act imposing retroactive reductions on renewable energy support measures;
  • advised on draft legislation amending the District Heating Act, helping the client to analyse and identify the most problematic parts of the draft act and to formulate relevant comments and amendment proposals;
  • advised major gas companies in the legislative process concerning implementation of the European Union (EU) third energy package gas directive into the Estonian Natural Gas Act;
  • assisted in opposing legislation requiring cable network operators to carry free-to-air TV channels and pay a fee to TV channels at the same time, leading to the legislator introducing more balanced amendments to the Electronic Communications Act.

(Work for ministries and government bodies, forming part of workgroups)

  • regularly respond to requests from Estonian ministries for legal opinions on law drafts eg systems for the Estonian commercial registry and Central Register of Securities, anti-money laundering and terrorist financing prevention, draft Investment Funds Act;
  • participated in drafting rights regulation within Public Private Partnership (PPP) projects;
  • drafted the rules of .ee domain disputes and resolving domain disputes as panellists on the Domain Disputes Board;
  • participated in working group drafting amendments to the Debt Protection Act;
  • participated in working group drafting statutory amendments on freedom of the press;
  • participated in preparing draft Apartment Ownership and Apartment Association Act;
  • participated in Estonian Tax and Customs Board-led VAT reform initiative, with the goal of reducing intentional VAT debts;
  • participated in a workgroup that analysed tax authorities' Guidelines reclassifying dividends to salary;
  • advised the Ministry of the Environment on questions related to Estonian renewable energy subsidies and EU state aid regulation, eg:
    • helping the Ministry of the Environment to protect the stability of the Estonian subsidy regime against a plan by the Ministry of Economic Affairs and Communications to use state aid regulation-related arguments in order to achieve reduction of renewable energy subsidies retrospectively;
    • analysing whether the existing Estonian renewable energy subsidy scheme and planned amendments qualify as state aid and whether these schemes are compatible with EU state aid rules;
    • advising on European Commission competences in approving state aids and recovering unlawful state aid.

In Latvia, SORAINEN lawyers:
(Cases initiated by clients)

  • assisted the Latvian Association of Commercial Banks in preparing a law on credit bureaux: initial study of the existing regulation, principles for and drafting of law on credit bureaux which was later adopted;
  • provided legal support to the Latvian Venture Capital Association and participated in negotiations with the Financial supervisory authority and Ministry of Finance on implementing the Alternative Investment Fund Managers Directive in Latvia, leading to adoption of the law;
  • participated in drafting law on restitution of property of Jewish Communities in Latvia.

(Work for ministries and government bodies, forming part of workgroups)

  • prepared an analytical in depth research for the Ministry of Justice on international treaties in international public law and its correlation with the EU and its Member States' laws;
  • participated in drafting and adoption of a new Public Private Partnership (PPP) Law setting out the legal framework for PPP projects in Latvia;
  • prepared a concept for the Ministry of Transport for a new law on compulsory expropriation of real estate for public needs;
  • advised the Ministry of Finance:
    • on drafting urgent amendments to the Credit Institutions Law (the main banking law) and on a new Bank Takeover Law regulating voluntary and compulsory takeover by the State of a bank or certain assets of a bank, both sets of measures being designed to improve the capability of the Latvian authorities to cope with the aftermath of the global financial crisis and the takeover by the State of Parex banka;
    • on improvements to transfer pricing legislation in Latvia;
    • on suggested amendments to the draft Law on VAT as to applying a domestic reverse charge VAT system to construction services;
  • researched legal regulation of divided real estate after completion of land reform in Latvia and participated in a draft law development group headed by the Ministry of Justice;
  • submitted multiple suggestions for tax law amendments to attract more foreign businesses to use the Latvian tax system (especially regarding holding companies) and banking sector, and for improving the daily operations of the banking sector.

In Lithuania, SORAINEN lawyers:
(Cases initiated by clients)

  • prepared draft Law on Financial Collateral Arrangements (implementing one of the most significant Directives [2002/47/EC] in the banking sector);
  • assisted the Vilnius Stock Exchange in drafting a Corporate Governance Code applicable to all listed companies in Lithuania;
  • drafted comments and suggestions for legal acts adopted by the National Control Commission for Prices and Energy (including legislation on auctions of overall quota distribution, purchase of heating energy, etc);
  • cooperated with renewable energy producers in preparation of draft Law on Renewable Energy establishing "net-metering" system in renewable energy power plants;
  • together with the International Chamber of Commerce and the Lithuanian Banking Association submitted amendments to the Lithuanian Civil Code and Code of Civil Procedure on reform of Lithuanian security (mortgage and pledge) regulation; and
  • contributed through the International Chamber of Commerce and the Lithuanian Banking Association to drafting a new Law on Restructuring .

(Work for ministries and government bodies, forming part of workgroups)

  • advised the Ministry of Finance, mainly on matters of EU law on financial services, in presiding over the Economic and Financial Affairs Council (ECOFIN) and other presidency-related initiatives in the financial services field during Lithuania's Presidency of the Council of the EU in the second half of 2013;
  • participated in creating special arbitration rules for disputes between small and medium-sized enterprises (SMEs) and financial institutions together with the Bank of Lithuania, the Association of Lithuanian Banks, the Vilnius Court of Commercial Arbitration and the Association of SMEs, leading to the drafting and launch of this new arbitration procedure for the finance sector;
  • participated in drafting new Law on Insurance of 2003;
  • contributed to drafting statutory amendments aimed at improving the legal regime for collective investment undertakings: laws on Collective Investment, Corporate Income Tax and Personal Income Tax;
  • drafted comments and suggested amendments for the Securities Commission on laws on Securities, Collective Investment Undertakings, and Markets in Financial Instruments.

Home About us Corporate responsibility Contributions to legal drafting