With ESG having been a buzzword in the Czech real estate market for a few years now, Clifford Chance Partner Emil Holub, Kocian Solc Balastik Partner Jiri Hornik, VIDD Partner Ondrej Hampl, Taylor Wessing Counsel Radka Nenickova, and Act Legal Czech Republic Partner Tomas Slaby look at how ESG principles are being applied in practice and in what areas there is still room for improvement.

After a delay of more than a year, an act on preventive restructuring (the "Act") implementing the EU directive on preventive restructuring frameworks finally became effective in the Czech Republic on 23 September 2023. The long-awaited Act introduces a brand-new legal tool preventing the insolvency of viable enterprises in temporary financial distress.

Asters has advised Horizon Capital on the co-investment with the IFC in Miratech.

Clifford Chance has advised Hillwood on over EUR 89 million in financing from Bank Pekao for the construction of three warehouse parks in Poland. Reportedly, CMS advised Bank Pekao.

Glatzova & Co has advised SNP Invest on obtaining permission from the Czech National Bank to operate as a self-managed investment fund of qualified investors.

September 2023 – According to Article 5 of the Serbian Banking Act (Zakon o bankama), no person other than a bank licensed in Serbia may engage in the granting of loans unless authorised by law. One Serbian law that does allow foreign banks (i.e., banks not established and licensed in Serbia) to provide cross-border loans to Serbian entities is the Serbian Foreign Exchange Act (Zakon o deviznom poslovanju). In particular, Article 18(7) of the Foreign Exchange Act expressly allows Serbian entities to borrow cross-border from foreign banks, which are not required to obtain a banking licence in Serbia for this purpose.