Pérez-Llorca provides advice on the analysis of the impact of current legal texts on climate change management, the energy transition and sustainable financing, as well as a long-term vision of where regulations are heading and where public policies are oriented.
Pérez-Llorca provides advice on the analysis of the impact of current legal texts on climate change management, the energy transition and sustainable financing, as well as a long-term vision of where regulations are heading and where public policies are oriented. Pérez-Llorca has a multidisciplinary team specialised in providing comprehensive advice in relation to all relevant legal aspects of the application of ESG (environmental, social and governance) criteria and the impact of climate change management. We focus on both preventive and corrective issues and provide coverage in all areas of business activity:
Corporate Governance: Boards of Directors
We advise on the design of corporate governance structures for Spanish capital companies (both listed and unlisted) that take into account ESG criteria and the impact of climate change:
Investment, mergers and acquisitions
ESG criteria are also relevant when designing and executing transactional processes. In this regard, we incorporate compliance with ESG criteria in the due diligence phase, when designing, drafting and negotiating the SPA, as well as in our client’s corporate decision-making process to protect the management body from potential liability claims. In addition, we advise on the construction of an ESG-friendly proposal for the management of foreign investment authorisation.
Green – sustainable financing
ESG principles are becoming increasingly significant in corporate finance, project finance and corporate debt issuance. Financial institutions, specialised funds and companies alike seek to implement ESG principles in their financing operations, as well as to invest in green and sustainable projects. We provide advice on the implementation of ESG principles in financing structures, including meeting the requirements for compliance with the Equator Principles and the Green Lending Principles.
Financial institutions need to assess, monitor and disclose the sustainability of their investments. Both the EU and Spanish financial regulators are very active and issue a high number of criteria and rules that are not always easy to follow. We help our clients to track all regulatory developments and provide them with specific tailor-made seminars, offering clarification on the implementation of EU and Spanish rules.
We regularly advise on all aspects of sustainable finance, including financial services regulations, taxonomy, voluntary codes of practice, sustainable finance products and sustainable funds, including article 8 and 9 investment funds. We have been also very active advising financial institutions with regard to the implementation of Green MiFID, a milestone in the provision of investment services within the EU.
We incorporate ESG criteria when designing the defence and prevention of administrative (with special emphasis on environmental), criminal, labour and civil litigation: environmental pollution, natural resource management, supply chain management, discrimination, claims before public administrations, etc.
Environment and climate change
Environmental regulations are mainly of European origin, although they are applied at regional and local level. Therefore, we identify the environmental requirements that apply to our customers on a case-by-case basis with a twofold objective:
We advise our clients on human capital issues, including social responsibility, governance, diversity, equity and inclusion. We also advise on employee compensation and incentive programmes related to ESG variables.