The Legal 500

Musat & Asociatii

43 AVIATORILOR BOULEVARD, 1ST DISTRICT, 011853 BUCHAREST, ROMANIA
Tel:
Work +40 21 202 5900
Fax:
Fax +40 21 223 3957
Web:
www.musat.ro
Email:
Cluj Napoca, Bucharest

TOP tier recommendations

Romania: Banking, finance and capital markets > Banking, finance and capital markets
Romania: Corporate and M&A > Corporate and M&A
Romania: Energy and natural resources > Energy and natural resources
Romania: IT, telecoms and media > IT, telecoms and media
Romania: Public private partnership and procurement > Public private partnership and procurement

Recommendations

Romania: Dispute resolution > Dispute resolution
Romania: Real estate and construction > Real estate and construction

Romania: Banking, finance and capital markets

Within Banking, finance and capital markets, Musat & Asociatii is a first tier firm,

Musat & Asociatii is ‘one of the most active firms in Romanian capital markets, with significant know-how in a wide range of equity matters’. The team is acting on Transelectrica and Transgaz’s secondary offerings, and national airline Tarom’s IPO. Other highlights included advising Astra Rail Industries on a €120m rollover syndicated facility agreement. This ‘excellent’ team’s key banking and finance partners are Mona Musat, who is ‘a very good negotiator with a real talent for structuring financing transactions’, and Monia Dobrescu. On the capital markets side, Miruna Suciu is ‘intelligent, pragmatic and a problem-solver’, and Ionut Bohaltenau is ‘hardworking and responsive, and a strategic thinker’.

[back to top]

Romania: Corporate and M&A

Within Corporate and M&A, Musat & Asociatii is a first tier firm,

Musat & Asociatii advised new client Astra Rail Industries on its €250m acquisition of three Romanian companies; Nokia on its €60m divestiture of its Jucu plant to De’Longhi; and Oz Mineral on its €200m bid to privatise Cupru Min, the country’s largest copper mine. Managing partner Gheorghe Musat is ‘a real leader with an impressive personality’, Gelu Titus Maravela is ‘professional and dedicated’, and new partner Alina Popescu has ‘strong legal knowledge and excellent communication skills’. Silvia Sandu was promoted to the partnership.

[back to top]

Romania: Dispute resolution

Within Dispute resolution, Musat & Asociatii is a second tier firm,

Musat & Asociatii’s ‘very dynamic’ seven-partner dispute resolution team has ‘strong knowledge and experience’, and is noted for its expertise in arbitration and all areas of litigation. It represented Enel Romania in a number of commercial litigation cases, including a multimillion-euro liability case against a subcontractor. It is also representing Discovery Communications Europe in a multimillion-dollar dispute with a communications provider concerning the broadcasting rights of several TV channels in Romania. The group is also acting in various ICC arbitrations, mainly relating to construction matters. This ‘very efficient team’ includes managing partner Gheorghe Musat; Nicolae Viorel Dinu, who has ‘strong written and advocacy skills, and US experience’; international arbitration expert Luminita Popa; and practice head and former Supreme Court judge Gheorghe Buta.

[back to top]

Romania: Energy and natural resources

Within Energy and natural resources, Musat & Asociatii is a first tier firm,

Musat & Asociatii is ‘among the best in town’ for energy matters, and is noted for its ‘excellent service level and great industry, legal and regulatory framework knowledge’. It recently advised Enel Green Power on the development of three wind farms totalling 310MW, and also acted on the €1.3bn Tarnita-Lapustesti hydropower plant project. George Musat is ‘a real team leader’, practice co-head Luminita Popa ‘runs a good team’, and fellow co-head Miruna Suciu is ‘a powerhouse lawyer in energy and M&A’. Cleopatra Leahu was promoted to the partnership.

[back to top]

Romania: IT, telecoms and media

Within IT, telecoms and media, Musat & Asociatii is a first tier firm,

Musat & Asociatii’s IT team has ‘a strong understanding of the local business and legislative environment’. It advised General Motors on the regulatory aspects of the proposed installation of the GM Infotainment system and On-Star System into cars on sale in Romania. It also advised Apple Inc regarding sales of its products in Romania through the Apple Store, and represented Facebook in a project relating to music management embedded in Facebook pages. Other clients include Discover Europe, First Data and Intel. Catalin Baiculescu is ‘responsive, influential and well connected’.

[back to top]

Romania: Public private partnership and procurement

Within Public private partnership and procurement, Musat & Asociatii is a first tier firm,

Musat & Asociatii is advising Enel SPA on a €4bn project initiated by the Romanian Ministry of Economy and Finance to build two reactors at the Cernavoda nuclear power plant. The group also continues to advise the Ministry of Economy, Trade and Business and Hidroelectrica, the state-owned energy producer, on the development and construction of the €1.3bn Tarnita-Lapustesti hydropower plant. Mona Musat and Gelu-Titus Maravela co-head the group.

[back to top]

Romania: Real estate and construction

Within Real estate and construction, Musat & Asociatii is a second tier firm,

Musat & Asociatii is ‘one of the strongest local players in the market’. In 2012, the team advised real estate developer Anchor Group on the leasing agreements for two shopping centres. Klösters Beteiligungsgesellschaft was recently assisted with various acquisitions of agricultural land. Other clients include Oz Mineral, Bluehouse and Erste Group. Practice head Mona Musat is ‘a very reliable and result-oriented professional’. Marius Bârladeanu is also recommended.

[back to top]


Legal Developments by:
Musat & Asociatii

  • VAT challenges in 2012; there’s plenty to come

    If the Romanian taxation system were under any sign, it would surely not have been Libra this year. Hence, the unbalanced practice of abrupt or disputed changes to the tax legislation persisted in disregarding the principles set forth in art. 4 of the Romanian Fiscal Code, whereby (i) the code is to be amended solely based on a law, (ii) the amending law must be advocated for, as a rule, six months prior to its entry into force, and (iii) any amendment to the code will enter into force starting the 1st of January following the year it was adopted.
    - Musat & Asociatii

Legal Developments in Romania

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Romania: Wind of change on the Romanian renewable energy market - part II

    In the Legal Insights edition of 18 March 2013, we presented the potential changes to the Romanian renewable energy scheme, resulting from an unofficial working draft Government Emergency Ordinance (GEO) circulated on the market. This Tuesday (2 April 2013), a draft Government Emergency Ordinance on the amendment of Law no. 220/2008 was officially published on the website of the Ministry of Economy. The public is invited to submit comment within the next 30 days, to the e-mail address dezbateri_publice@minind.ro .
  • Romania: Wind of change on the Romanian renewable energy market

    Romania seems to be one of the most attractive CEE jurisdictions for renewable energy investments, due to the generous support scheme which generated increasing enthusiasm over the past few years. Implemented in 2005, the support scheme for renewable energy (RES) consisting of tradable green certificates (GCs) combined with mandatory acquisition quotas was improved in 2008 and subsequently in 2010, but was only applicable as of mid-2011, upon state aid clearance from the European Commission (EC).
  • How can the Romanian Constitution be revised

    Although its stability over time represents the essence of the Romanian Constitution (the “Constitution”) and of any constitution, such fundamental law within the Romanian legal system should at the same time, at any moment, represent both a frame of reference for the Romanian social, political and economical life and a reflection of such. Given the accelerated changes within the society, in order for the Constitution to be brought in line with the overall social, political and economical evolution and perspectives, a procedure for its revision and also the limitations in what regards the possibility for the Constitution to be revised are established by this fundamental law itself. .
  • Romania: New financial and fiscal legislative amendments

    Government emergency ordinance no. 8/2013 for the amendment and supplementation of Law no. 571/2003 regarding the Fiscal Code and the regulation of certain financial and fiscal measures (published in the Official Gazette no. 54/23.01.2013) enters into force starting from 1 February 2013. GEO 8 introduces a number of important amendments and supplementa-tions in the fiscal legislation. We shall further present some of the amendments related to di-rect taxation, respectively to social insurance.
  • COMMITMENTS PROCEDURE IN ANTITRUST CASES BEFORE THE ROMANIAN COMPETITION COUNCIL

    1. Background The Romanian Competition Law no. 21/1996 (the " Law ") has been adopted and amended on various occasions so that it reflects the evolution of the competition law provisions in the EU. On 6 July 2010 the Law has been substantially amended, introducing among other institutions the commitments procedure for anticompetitive practices. Previously, the commitments were available only in merger cases under the form of remedies. The commitments procedure has been detailed in RCC guidelines issued in December 2010 (the " Guidelines "), which have been amended at the end of year 2012.
  • Romania: Proposed new OTC trading arrange-ments for electricity

    Friday (11 January 2013), the Romanian energy market regulator (ANRE) published on its website for public consultation a proposal for a procedure and regulation on OTC electricity trading (the "Proposal"). ANRE has invited stakeholders to submit their comments by 21 January 2013.
  • VAT challenges in 2012; there’s plenty to come

    If the Romanian taxation system were under any sign, it would surely not have been Libra this year. Hence, the unbalanced practice of abrupt or disputed changes to the tax legislation persisted in disregarding the principles set forth in art. 4 of the Romanian Fiscal Code, whereby (i) the code is to be amended solely based on a law, (ii) the amending law must be advocated for, as a rule, six months prior to its entry into force, and (iii) any amendment to the code will enter into force starting the 1st of January following the year it was adopted.
  • The new 2012 Arbitration Rules of the Court of International Commercial Arbitration Court

    Authors: Luminita Popa, Partner Musat & Asociatii, Iulian Popescu, Partner Musat & Asociatii
  • Termination of Distribution Agreements in Romania

    The absence of a contract regulating the duration and termination of a distribution relationship does not necessarily entitle a party to abruptly terminate the agreement without facing financial exposure to the other party. In particular, a reasonable notice period should be given to allow the other party to adapt its business operations.
  • Guarantees under the New Civil Code

    After the New Civil Code entered into force on October 1, 2011, significant amendments were brought to the legal framework regulating the guarantees’ field, either by effective legislative changes to the existing institutions or by introduction of new types of guarantees. The New Civil Code also changed the terminology in the field (e.g. “mortgage” designates both securities over real estate and movable assets, while “pledge” is now referring only to a security interest with dispossession).