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“Commodity trading" has become an entrepreneurial necessity for many companies, be it as an instrument to generate arbitrage or speculative profits or to simply hedge against increasing risks in relation to quantity, price and counterparty risks in the free energy market. Our clients have different needs. Some of them are facing the transition from full energy supply to a structured procurement. Other clients are already purchasing energy on a structured basis and are specifically looking for - mostly on the basis of standard contracts - optimisation and arbitrage possibilities and/or for instruments to mitigate counterparty and price risks; risks which should not be underestimated. Traders and intermediaries on the other hand experience the fast business with physical and financial standard products. We provide legal advice in all areas concerning physical and financial energy trade at exchanges and OTC. We not only support our clients in the formation of new trading companies/units in existing companies; we also provide assistance in relation to the establishment of an effective risk management (compilation of risk manuals, drafting of trading and supply contracts which are impervious to bankruptcy provisions, drafting and evaluation of valuable/collectable securities, netting and margin agreements etc.). Negotiations of individual and standard supply contracts such as the EFET or the ISDA are part of our daily business. This also applies to all questions of portfolio management. We offer special expertise in the area of financial instruments such as derivatives (e.g. relating to energy, emission rights) or securities. We provide advice in relation to services which - according to the German Banking Act - may be offered without a license; additionally we support our clients in the licensing process as well as in the daily business of financial service providers and banks (optimisation of equity capital requirements, reporting obligations, compliance provisions etc.). Due to our expertise in energy and banking law, we can assist our clients with practice-oriented solutions. Our clients include energy traders, energy supply and distribution companies, brokers, platforms and exchanges from all over Europe and the United States Contact persons in this area are Dr. Ines Zenke (Berlin) andStefan Wollschläger (Berlin). |

