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
Practice areas:
Administration / Public Finance / European Union Funds
Banking and Finance
Mergers and Acquisitions / Corporate Law / Privatization
Restructuring / Insolvency Litigation
Languages: Polish, English, French, Russian
Managing Partner, Legal Advisor
An expert in public procurement law. A recognised expert in the field of EU funds implementation issues. He has an extensive practice in the area of corporate law, financial law, with particular emphasis on financial accounting and banking law. He specialises in handling mergers and acquisitions 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.
| from 2014 | Legal advisory services for a foreign company in the course of preparations, negotiations and execution of a co-operation agreement for the realization 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 |
| from 2011 | Comprehensive legal services for a sector-based ordering institution from the railway transport sector in the course of the realization of a project of the construction of a municipal railway system, co-financed under the Operational Programme “Infrastructure and Environment” for 2007-2013 and the Lodz Voivodeship Regional Operational Programme for 2014-2020 |
| 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 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 |
| 2011 | Preparing an expert opinion commissioned by the Ministry of Regional Development on the permissibility of using offsets and allowances under the Innovative Economy Programme for 2007-2013 |
| 2009 | Preparing 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 Innovative Economy Programme for 2007-2013, for which the Ministry of Regional Development is a Managing Unit |
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 |