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Monika Śmigielska
Managing Partner
Legal Advisor

T: +48 22 842 98 45
M: +48 601 141 435
F: +48 22 646 54 10
E: monika.smigielska@ks-legal.pl
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Managing Partner, Legal Advisor.

 

Expert in public procurement law. Renowned specialist in the area of implementation of EU funds. She has wide experience in the areas of company law and financial law, in particular financial accountancy and banking law. She specializes in M&A transactions


Professional Experience

Monika Śmigielska has wide experience in providing services in the public procurement tender awarding process, including tenders co-financed from EU funds and in advising contractors who apply for public procurement contracts. The scope of her practice encompasses advisory services for ordering institutions concerning all issues connected with the proper procedures for awarding contracts under public procurement procedure. She has significant experience in servicing sector-based ordering institutions. She also supports contractors in the procedure of application for public procurement contracts and during the realisation thereof, including any arising disputes. She has successfully represented clients in appeal procedures before the National Chamber of Appeal and in courts. She also provides advisory services for the public and private sectors on issues related to the realisation of investments in the public-private partnership model, including granting permissions for construction works and services.

 

As a renowned specialist in the issues related to EU funds Monika Śmigielska advises entities which implement, act as intermediaries or manage operational programmes and entities applying for EU funds. She represents applicants in procedures of appeal against negative evaluation of application motions. She is the author of numerous expert opinions on the issues of the implementation of structural funds in Poland in the 2007-2013 programme period.

 

Monika Śmigielska has wide experience in the area of financial law, in particular public finance, financial accountancy and financing business activity. She advises on issues related to the management of public funds and the violations of public finance principles. She provides legal services in disputes connected with improper use or undue collection of granted subsidies. She supports entrepreneurs in the areas of financial accountancy and reporting, including the accountancy of derivative financial instruments and EU funds accountancy. She provides consulting on all issues connected with obtaining the financing of economic activity, in particular bank loans and leasing.

 

Within the broad spectrum of her professional interests, Monika Śmigielska also advises in M&A transactions, including corporate and civil law aspects and the accountancy of mergers and acquisitions. She has significant experience in servicing transactions consisting in the sale of shares in Treasury-owned companies.

 

Monika Śmigielska delivers numerous lectures and provides trainings on public procurement and company law.


Representative Projects
2014 - Legal advisory services for a foreign company in the course of preparations, negotiations and conclusion of a co-operation agreement for the realisation of an investment project in the petrochemical sector, of a value exceeding EUR 24.000.000, including the preparation of a draft investment agreement under British law and a package of securities
2014 - Representing a manufacturer of railway automation systems who applied for a public procurement contract for construction works of an estimated value exceeding PLN 100.000.000 in the appeal procedure in Regional Court
2014 - Representing a company from the railway sector in anti-trust proceedings in the Office of Competition and Consumer Protection
2013 - 2014 - Providing comprehensive legal services for a sector-based ordering institution related to the preparation and realisation of the procedure for awarding a public procurement contract for the modernisation and reconstruction of a waste water treatment plant, co-financed under the Operational Programme "Infrastructure and Environment" for 2007-2013, of an estimated value exceeding PLN 40.000.000
2011 - 2014 - Comprehensive legal services for a sector-based ordering institution from the railway transport sector in the course of the realisation of a project of the construction of a municipal railway system, co-financed under the Operational Programme "Infrastructure and Environment" for 2007-2013
2011 - 2014 - Comprehensive legal services related to public procurement and public-private partnership, provided for a company managing railway infrastructure, including representing the company in appeal procedures in the National Chamber of Appeal and Regional Courts
2013 - Legal advisory services for a company from the defence procurement sector applying for a public procurement contract for the delivery of radars for civil airports of an estimated value exceeding PLN 25.000.000, including representing the company in appeal procedures
2013 - Legal advisory services for a state-owned legal entity in the course of negotiating a partnership contract with a Norwegian governmental agency regulating the principles of co-operation in the implementation of the Norwegian Financial Mechanism and EEA Financial Mechanism
2013 - Legal advisory services for a state-owned legal entity concerning the acceptability of conditions for modifications of the sales agreement of AAU units concluded between the State Treasury and the European Bank of Reconstruction and Development
2012 - Preparation, on behalf of the Polish Agency for Enterprise Development, of a legal expert opinion on the acceptability of enforcement from funds financing projects under the operational Programme Innovative Economy for 2007-2013, Operational Programme Human Capital for 2007-2013 and the Operational Programme Development of Eastern Poland for 2007-2013 in the light of binding EU and national regulations
2012 - Legal advisory services for a state-owned legal entity in the course of negotiations with the European Bank for Reconstruction and Development concerning an agreement on pre-financing projects related to energy efficiency
2012 - Legal services for the transaction of sales of State Treasury shares in companies from the automobile and industrial and medical waste disposal sectors
2012 - Legal advisory services for a contractor applying for a public procurement contract for construction works of an estimated value exceeding PLN 400.000.000 in the appeal procedure in Regional Court
2012 - Legal advisory services for a state-owned legal entity in the course of proceedings before the Polish Financial Supervision Authority for the registration of an employee pension system
2011 - 2012 - Representing beneficiaries in administrative and court administrative proceedings initiated by issuing a decision on the reimbursement of subsidies granted
2011 - 2012 - Comprehensive legal services for a sector-based ordering institution from the railway transport sector related to the preparation and realisation of the  procedure for awarding public procurement contract for the delivery of electronic traction components along with maintenance services and the design and construction of technological support facilities of a value exceeding PLN 400.000.000
2011 - Legal advisory services for a public limited company from the telecommunications sector related to the accountancy of derivative instruments
2011 - Legal advisory services for a sector-based ordering institution from the railway transport sector related to the preparation and conducting the procedures for granting public procurement contracts
2011 - Legal advisory services for an entrepreneur from the transport logistics sector in the course of negotiations concerning the restructuring of debt resulting from concluded leasing agreements
2011 - Provided legal service to a rail transport sector ordering party regarding preparation for and holding a tender for public procurements
2011 - Provided legal services to a cultural institution over the course of its implementation of infrastructure investment under the 2007-2013 Masovian Voivodeship Regional Operational Programme totaling over 23 million PLN, including advising on the award of government contracts
2011 - Advised a telecommunications company on its application for co-financing for a broadband Internet backbone and access service network construction project amounting to over 150 million PLN, including representation in pre-court and court appeal proceedings
2011 - Wrote an expert opinion commissioned by the Ministry of Regional Development on the permissibility of using offsets and allowances under the Innovative Economy Programme over the years 2007 through 2013
2010 - Provided legal services for a construction company over the course of its bid for and realization of a public procurement for the construction, conversion, and modernization of a sewage treatment plant and a water treatment facility co-financed using Cohesion Fund and EEA Grant funding totaling over 60 million PLN
2010 - Provided counsel on obtaining a concession for operating an exhibition and display facility under the Construction Work and Service Concession Act, in addition to preparing necessary procedural documentation
2010 - Provided legal services to a cultural institution over the course of its implementation of infrastructure investment under the 2007-2013 Masovian Voivodeship Regional Operational Programme totaling over 91 million PLN, including advising on the award of public procurements
2010 - Represented a leading entrepreneur from the transport & logistics industry in both negotiations and litigation with a bank over foreign exchange option transactions
2009 - Provided legal services to an international consortium applying for a public procurement totaling over 500 million PLN for the construction of a soccer stadium for EURO 2012
2009 - Wrote an expert legal opinion commissioned by the Ministry of Regional Development on ways to make it possible to refund expenditures borne by a lessor in projects implemented under the 2007-2013 Innovative Economy Programme, for which the Ministry of Regional Development is a Managing Unit
2008 - Provided legal services for a joint-stock company in the education industry during its application for and implementation of public procurements totaling over 100 million PLN
2008 - Provided legal services for a defense company over the course of its delivery of armaments to a military unit

Career
2015 - Śmigielska & Partners, Managing Partner
2012 - 2015 Kozłowski Śmigielska & Partners, Managing Partner
2009 - 2012 Krawczyk & Partners, Senior Associate

Education
2010 - Warsaw School of Economics, Collegium of Business Administration, Postgraduate Studies in Mergers and Acquisitions
2010 - Became registered on the list of legal counsels kept by the Regional Chamber of Legal Advisors in Warsaw
2009 - Warsaw School of Economics, Collegium of Management and Finance, Postgraduate Studies in Public Procurement
2008 - Accounting course at BDO Numerica
2002 - University of Warsaw, Faculty of Law and Administration, Master of Legal Science

Teaching Engagements
2011 - Delivered a lecture to fourth and fifth-year students on company law at the University of Warsaw's Faculty of Law and Administration
2011 - Delivered a lecture to fourth and fifth-year students on public procurement law in practice at the University of Warsaw's Faculty of Law and Administration

 

 


Śmigielska & Partners Limited Partnership