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Portrait ofDimitar Zwiatkow

Dimitar Zwiatkow

Partner
Co-Head of Energy, Projects and Construction

Contact
CMS Sofia
Landmark Centre
14 Tsar Osvoboditel Blvd.
Floor 1, 2
1000 Sofia
Bulgaria
Languages Bulgarian, English, German
Banking & Finance

Dimitar Zwiatkow is a partner in the Banking & Finance practice in CMS Sofia. He is a Bulgarian attorney with more than 15 years’ legal experience and is one of the preeminent advisers on banking M&A transactions and large-scale portfolio transactions. Among his clients are local and international banking and financial institutions as well as investment funds. Dimitar focuses on real estate finance, regulatory banking matters, non-performing loans, acquisition finance, project finance, corporate lending, financial services and products, and banking litigation.

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Relevant experience

  • Тhe biggest Bulgarian Bank | On its disposal of 3 mixed (partially real estate secured) NPL portfolios with a face value of EUR 450 million.
  • Leading financial institutions from the leasing, debt collection and e-money sectors | On transaction and regulatory issues, including NPL portfolios, registration procedures with the Bulgarian National Bank, AML policies, etc.
  • Review of the Bulgarian regulatory framework for the operation of crypto-currency platforms, including review of the 5th AML Directive and the Advice for Initial Coin Offerings and Crypto-Assets issued by ESMA.
  • A long-standing leader in retail banking | On the refinancing of shopping malls.
  • A pan-European Commercial Bank and a leading Bulgarian Bank | On the restructuring of a EUR 116m real estate financing (shopping mall), including on the tax and corporate restructuring, debt deleveraging, new development, amendment and restatement of facilities agreement, and new security package.
  • A French Multinational Investment Bank | On several financings under LMA documentation, including in relation to the refinancing of several hydro power plants within an acquisition process
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Memberships & Roles

  • Bulgarian Bar Association
  • Munich Bar Association
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Awards & Rankings

  • Next Generation Partner for Banking and Finance, Legal500 (2022)
  • Highly regarded for Asset Finance, IFLR1000 (2022)
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Education

  • 2005 – Master of Law, Ludwig Maximilian University, Munich, Germany 
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Corporate / M&A

Having an international educational background, Dimitar is highly expert in advising small and mid-sized European companies in the field of corporate transactions and their tax law implications such as VAT, corporate taxation, WHT, DDT, tax structuring. He focuses on cross-border merger and acquisitions, including corporate governance, take-overs, compliance issues and AML policies. He has invaluable experience in dealing with various regulatory bodies, having communicated on several occasions with the Bulgarian Commission for Protection of Competition, the National Revenue Agency and the Bulgarian National Bank. He is further experienced in supporting clients in corporate forensic investigations, and thus has background working with the prosecution authorities. 

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Relevant experience

  • Leading of a number of M&A real estate transactions and sale-downs of destressed assets on seller and buyer side, including the set-up of tender rules, VDR, transaction documents, signing, closing;
  • Highly expert in general corporate matters, including company and commercial law, compliance policies, managers supporting services.
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Memberships & Roles

  • Bulgarian Bar Association
  • Munich Bar Association
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Awards & Rankings

  • Highly regarded for M&A (2021), Real estate acquisitions (2021), Restructuring and insolvency (2022), IFLR1000
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Education

  • 2005 – Master of Law, Ludwig Maximilian University, Munich, Germany 
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Energy & Climate Change

In the area of Energy law Dimitar has strong expertise in renewables and projects, PPP and public procurement. Over the years, he has advised on renewables, combined heat and power (CHP), waste to energy and independent power projects. His clients include a wide range of energy suppliers from the fields of wind power, hydropower, biomass and photovoltaics. Dimitar consults on the construction and acquisition of power plants, testing and commissioning as well as environmental questions, network operation issues and strategic considerations in project management. 

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Relevant experience

  • A leading Turkish investor | On their share participation in a Bulgarian company engaged with renewable energy projects.
  • The largest Bulgarian Bank | On the refinancing of five solar parks and on the restructuring of the borrowers.
  • Europe’s leading gas capacity trading platform | On the registration of PRISMA Capacity in the Procurement Agency platform.
  • A leading commercial bank in Bulgaria | On the drafting, negotiating, and signing of a facility agreement with the renewable energy producer.
  • A global leader in the production of high-performance alloy solutions for the energy industry | On its corporate restructuring and internal reorganisations. 
  • The fourth largest Bank in Bulgaria | On the preparation of a market study on the renewable energy market in Bulgaria.
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Memberships & Roles

  • Bulgarian Bar Association
  • Munich Bar Association
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Awards & Rankings

  • Next Generation Partner for Energy and Natural Resources and Projects and PPP, Legal500 (2022)
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Education

  • 2005 – Master of Law, Ludwig Maximilian University, Munich, Germany 
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12/05/2022
10 key aspects of the revised EU competition law in the field of distribution...
The new Vertical Block Exemption Regulation (VBER) and the new accompanying Vertical Guidelines (VGL) were published on 10 May 2022. The new VBER will enter into force on 1 June 2022 and apply for the next twelve years. The new VBER/VGL introduce sev
13/06/2018
CMS introduces Private Placements online Questionnaire
Private placements are increasingly being used for debt funding as an al­tern­at­ive to bank financing Find the right one for you! The market offers a large number of Private Placement (PP) products with...

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24/04/2024
Anti-Bribery and Corruption Laws in Bulgaria
 
18/04/2024
Renewable energy in Bulgaria
1. Introduction to renewables sector Bulgaria’s electricity transmission and distribution remains highly regulated. The high voltage transmission grid is operated by the state-owned Electricity System...
26/03/2024
Legal modernization and financial instruments: Bulgaria takes steps to...
Several proposed amendments to Bulgaria's financial laws are poised to significantly enhance the country's financial infrastructure and legal framework. Foremost among these amendments is the Draft Law...
07/03/2024
Bulgarian avoidance actions in line with EU Proposal
The EU Commission issued a proposal for a Directive harmonising certain aspects of insolvency law, EU (COM(2022) 702 final. Although still being discussed, the Proposal is unlikely to result in material...
03/05/2023
Real estate transaction costs and taxes in Bulgaria
1. Due diligence costs for the purchase of real estate 1.1 Municipal search Cost Variable depending on the particular municipality. VAT Nil 1.2 Utility search (each service) Cost N/A VAT Nil 1.3 Land...
25/11/2022
Energy Savings Guide
This CMS Guide is designed to shine a light on the wide variety of energy saving laws in selected CEE countries by explaining the most important legal measures and helping you to discover where your opportunities might lie. Political and legal framework Energy transformation requires building up new energy sources and that takes time. Saving energy, however, is the quickest and cheapest way to address the current energy crisis, which is mainly caused by Russia’s invasion of Ukraine. Reducing energy consumption cuts households’ and companies’ high energy bills. Building on the “Fit for 55” package of proposals and completing the actions on energy security of supply and storage, the European Commission’s REPowerEU plan put forward a set of five actions, the first of which is energy saving. Union law sets forth mandatory saving goals for Member States but leaves them plenty of leeway to choose between a variety of measures. Applicant countries and many others have passed energy savings laws and targets too – offering additional flexibility. As a framework, the Fit for 55 package and the European Climate Law (REG 2021/1119) sets out a binding, irreversible reduction of anthropogenic emissions. By 2030, 55% of the net GHG (greenhouse gas) emissions compared to 1990 must be saved. By 2050, the mandatory net zero emission goal must be achieved. Regulation 2022/1032 requires that member states fill their gas storage facilities to at least 80-90% or that they store at least 35% of their average annual consumption in European storage facilities. Reducing consumption over the years reduces the filling obligation. Since August 2022, obligatory reductions in gas consumption apply to EU member states (Regulation 2022/1032). The core innovation of this regime is the Union alarm that can be triggered by the European Council if there is a material risk of grave gas supply shortages, extraordinary gas demand or a national alarm pursuant to Directive 2017/1938 in at least five Member States. Once a Union alarm has been triggered and for as long as it remains in force, member states must reduce their gas consumption by 15%. There is a partial exception if this would otherwise cause an electricity crisis in the respective member state. However, the steering measures to be taken and whether certain groups of gas consumers are granted more favourable conditions remain at the member state’s dis­cre­tion. Re­gard­ing electricity, Regulation 2022/1854 on an emergency intervention to address high energy prices aims to reduce electricity consumption by 10% and ease the pressure on electricity prices through revenue caps. Again, Member States are free to choose the appropriate measures to reduce gross electricity consumption and meet the 10% target. Additional rules apply to the fuel consumption of trucks or the energy consumption of district heating/cooling. The CMS Guide The result of these regulations concerning energy saving has been the in­tro­duc­tion of a wide variety of energy saving laws in individual states; and many more measures are still to come. This CMS Guide is designed to shine a light on these regulations by explaining the most important legal measures and helping you to discover where your opportunities might lie. For each jurisdiction, the guide is structured into: (1) a country overview,  (2) national relief measures for high energy prices,  (3) na­tion­al/re­gion­al/com­mun­al energy savings measures, and  (4) energy storage status and incentives. The following measures have been chosen by the states represented in this  guide:  sub­sidies to end-consumers (Austria in general for energy prices; Croatia for gas con­sump­tion), price caps: electricity (Croatia for households, undertakings and certainpublic consumers; Ukraine for house­holds),re­duced VAT rate (Croatia, North Macedonia), tax incentives to privately store gas (Ukraine); exemption from steering measures for privately storing gas (Aus­tria),sub­sidies to compensate for high energy prices (Bulgaria and Slovakia, in Slovenia for enterprises, in Türkiye for agriculture) and energy saving measures: (Croatia for SMEs); the reallocation of EU funds to support energy consumers (Slov­akia); sub­sidies for energy storage solutions (Austria, Bulgaria and Ukraine) or for heat producers (Ukraine),energy efficiency measures incl. digitalisation (Bul­garia),re­duced hours of electricity or heating supply (North Macedonia) or of gas supply (Slov­akia),re­duc­tion of energy consumption by the public administration (Austria, North Macedonia, Slovenia), andobligations on gas storage operators to feed gas into the grid (Austria, Slovakia) or to supply heat producers at preferential prices (Ukraine). rewards for voluntary reduction of gas and/or electric en­ergy con­sump­tion (Slovenia)educed permitting requirements for PV and wind plants (Türkiye).
26/08/2022
Public procurement regulation in Bulgaria
October 20181An amendment bill is currently pending at the Bulgarian parliament containing several significant changes, which are not reflected in this guide. References to the amendment bill are made...
10/05/2022
Bulgaria to boost industrial, green and growth investments
In May, ECOFIN greenlighted Bulgaria’s Recovery and Resilience Plan (the “Plan”) in line with Regulation (EU) 2021/241 establishing the Recovery and Resilience Facility (the “Reg­u­la­tion”). This...
16/02/2022
CMS Sofia advised Elevator Ventures on the investment in a Bulgarian e-commerce...
CMS Sofia successfully advised Elevator Ventures (EV) – a venture capital firm part of Raiffeisen Bank International, on the third round of investment for CloudCart. As part of its strategy to invest and grow digital businesses in the CEE region, EV pinpointed CloudCart as the next rising star among European tech companies. CloudCart’s platform offers end-to-end solutions for SMEs growing their sales online or starting e-commerce businesses from scratch.  Our local team led by Dimitar Zwiatkow together with Ivan Gergov and Elitsa Hinova advised EV on all legal aspects relating to the conclusion of the equity documents. Settling foreign investor relationships with local businesses at times is particularly challenging due to the specifics of the national le­gis­la­tion.  Deals in the private equity and venture capital segment seem to grow in the CEE region and to become increasingly attractive for investors across various industries.
04/08/2021
CMS acts for UniCredit Bulbank on EUR 36m renewable refinancing in Bulgaria
International law firm CMS has represented UniCredit Bulbank on the refinancing of the 21 MWp operational photovoltaic portfolio of Solarian Holdings, consisting of five operational power plants, located...
03/08/2021
CMS Advises UniCredit Bulbank on Refinancing Solarian Holdings Portfolio
Published on ceeleg­al­mat­ters. comCMS has advised UniCredit Bulbank on the refinancing of Solarian Holdings' 21-megawatt operational photovoltaic portfolio in Bulgaria. According to CMS, the EUR 36 million refinancing project relates to a number of special-purpose companies, including Consult Solar EOOD, Solar R1 EOOD, Solar RAS EOOD, Green Energy Park EOOD, and Vento Eco Energy EOOD, all operating under the con­tracts-for-premi­um scheme, introduced by Bulgaria in order to replace the feed-in tariff under the Second Renewable Energy Act.
31/03/2021
CMS CEE German Desk: Waste management in Central and Eastern Europe
As ever more waste is produced, many countries face new challenges:What are the current developments in the CEE countries?How does waste management differ between EU and non-EU countries?What prob­lem-solv­ing...