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HWW Hewelt Wojnowski Lindner i Wspólnicy
Energy & RES

Setting up an energy cooperative

For businesses planning to use existing renewable installations together or preparing a new investment, and for groups that have started organising a cooperative and need to put membership, contracts and liability in order.

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Fee
from 2 300 EUR net
Prices are net, in EUR. VAT depends on your status and place of establishment.

You can order this service directly, without a prior consultation. We confirm the scope and the fee before we start.

Request a quote Book a consultation first
A consultation is optional. To discuss your matter with a lawyer first, you can book a consultation for PLN 600 net + VAT. If you then order the work, its cost is credited against the project fee.

Before we start, we agree and confirm the scope and the fee. The price is indicative and does not constitute an offer within the meaning of the Polish Civil Code.

What it includes

  • A written assessment of whether the cooperative model fits the participants, the area, the sources and the intended form of cooperation
  • A list of the conditions already met, those that require action and the data still missing
  • Founding documents, the statute, membership rules and draft internal regulations
  • Rules on financing shared costs, the division of liability, the admission of further participants and exit from the project
  • Documentation for the National Court Register (KRS) and for the relevant energy register, and support with the arrangements with the distribution system operator (OSD)

What the price does not include

  • Design of the installation, a network study, a technical audit, accounting and financing
  • Tax advice, including the assessment of settlements between members, which requires a separately agreed scope
  • Detailed design of an energy cluster or of power purchase agreements

What you receive

  • A written assessment of the fit of the model, with the conditions to be met and a plan of the further steps
  • Agreed founding documents and a list of actions for the cooperative, its members and the other parties
How it works

How an energy cooperative is prepared

The cooperative model depends on the participants, the area and the ownership of the sources, so the assessment comes before the documents. Four steps.

  1. Description and scope

    The client provides a description of the participants, the locations, the sources and the purpose, and we agree the documents needed, the scope of work and the fee.

  2. Assessment of the model

    We analyse the materials provided and present a written assessment, with the gaps and our recommendations.

  3. Documentation

    We discuss the decisions for the founders and prepare the statute, the membership rules and the internal regulations within the accepted scope.

  4. Registration and contracts

    We support the agreed registration steps and the contractual arrangements, and then set out the rules for the further legal servicing of the project.

Who needs this service

This service is for businesses planning to use existing renewable installations together or preparing a new investment, and for groups that have already started organising a cooperative and need to put membership, contracts and liability in order. The assessment also covers a project in which some participants only consume energy. Scope and fee are agreed before any work starts and a consultation is not required.

The result of the first stage

The starting point is the actual entities and supply points, and the number of companies does not replace a check of the legal personality of the founders. The written assessment shows which conditions are met on the basis of the documents provided, which require action and what data is missing. It covers the participants and the intended area, the ownership of the sources, the assumptions on covering energy needs and the most important contractual dependencies. Where the cooperative does not fit the assumptions, we explain why and indicate the directions for further assessment. A legal assessment does not replace technical calculations or a profitability forecast.

Documents and implementation

Once a further stage is accepted, we prepare the statute, the founding documents, the membership rules and draft internal regulations. We agree how shared costs are financed, how liability is divided, how further participants are admitted and how a member exits the project. The scope can then cover the documentation for the National Court Register (KRS) and for the relevant energy register, the review or negotiation of contracts with the seller and of the documents connected with the distribution system operator (OSD). The statutory rules for settling energy are kept separate from the internal settlements between participants, and we set out who is to provide data, approve corrections and react to a change in the number of members or in the parameters of the sources.

Limits of the scope

Legal work does not automatically include the design of the installation, a network study, a technical audit, accounting or financing. Tax advice, including the assessment of settlements between members, requires a separately agreed scope and fee. We do not guarantee an entry, a connection or any particular level of savings, because the outcome also depends on the documentation, the parameters of the investment and the actions of the other parties.

What the fee depends on

  • Number of members and of installations covered by the project
  • Number of locations and the structure of ownership of the sources
  • Whether the scope covers the registration steps and the contracts with the operator and the seller

We agree the fee individually, at an hourly rate or as a flat fee, and confirm it before we start.

See also
Energy law and renewables → Working with us →
Request a quote

To order this service, describe your matter. A consultation is not required. We confirm the scope and the fee before we start.

Information you share in connection with legal assistance is covered by the professional secrecy of advocates and attorneys-at-law under Polish law.

Described matter

What we have done in this area

HWW guided a founding group through the entire process of establishing an energy cooperative: it verified the statutory prerequisites, drafted the charter, supported the reporting of the cooperative to the NEB list and the conclusion of agreements with the DSO, and the registered cooperative obtained the status entitling it to the preferential energy billing system. Each case has its own facts, so this outcome does not predetermine another.

What we have written on this topic

Further described matters are listed under our track record.

How to start

You can order this service directly or book a consultation first. A consultation is not required to order the service.

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