10.1.2017

My Business Partner’s Business – Not My Business?

One of the unchangeable constants in global business is the undisputed goal of making a profit. It is stated in legislation and statutes, it drives investments, strategies and, most importantly, everyday business. But can profits be generated by any means necessary without knowing who you are dealing with?

Knowing your business partner – whether it is your supplier or your client – is crucial for your company’s success today. If you disagree, you are free to put your company’s reputation in the line of fire, but you should at least be aware that the potential legal consequences are severe. Let me elaborate a bit more.

 

The Law Sets the Bar

First of all, we have a bunch of legislation in place both domestically in Finland and internationally that requires you to check the backgrounds of your business partners. Business deals that look good on paper may actually be illegal.

When the Law Remains Silent

What if the law does not require you to do a background check of your business partner? Should you still conduct one or just chase the biggest sales and profit figures of the quarter?                                

There is no one-size-fit-all solution to this question. However, I urge companies to seriously consider taking into account the reputation of their company in the long-run and stakeholder expectations for overall responsible business conduct. It comes down to the management to draw the line with respect to how they want profits to be generated and business to be conducted.

Business partner background checks can be necessary even in the Nordic context. When carrying out these kinds of checks, we have come across, e.g. links to financing for jihadists and the mafia. In addition, one interesting case involved what is called a ‘vanishing company’, which is a company that collects money from the public and then vanishes. The direct benefit of these background checks is, of course, peace of mind for management, who can be confident they know who they are dealing with.

Strengthen Your License to Operate

What is different from the past is how and where your profits can be made while still maintaining your sustainability license to operate. Risky scenarios should be always identified and mitigated.

If needed, companies should have the courage and business incentive to call off the deal if necessary to safeguard the company’s long-term reputation and sustainable sources of business profits. Your business partner’s business is, therefore, unavoidably also your business concern.

Latest references

We advised Neste Corporation on the refinancing of its EUR 500 million term facility by way of two EUR 250 million bilateral term facilities provided by OP Corporate Bank plc and Danske Bank A/S, Finland Branch.  Each term facility has a maturity of three years with extension options.
Case published 25.11.2025
We are assisting Prisma Properties AB in a sale and leaseback arrangement with Kesko Oyj comprising ten grocery retail properties. The transaction value is approximately EUR 59 million, and the properties are located in Sastamala, Jyväskylä, Lappeenranta, Vihti, Oulu, Saarijärvi, Liminka, Imatra, Loviisa, and Eurajoki.  As part of the arrangement, the properties are leased back to Kesko Oyj under lease agreements with a weighted average lease term of 11.6 years. The portfolio includes well-known store concepts such as K-Citymarket, K-Supermarket, and K-Market.
Case published 20.11.2025
We advised the urban developer and construction company YIT on the drafting and negotiation of two construction agreements with the leading algorithmic trading firm XTX Markets for the development of two data centres in Kajaani, Finland, which are part of XTX Markets’ data centre complex. The first agreement, valued at approximately EUR 100 million and signed in December 2024, marked the commencement of the construction of the first data centre facility in Kajaani, establishing Kajaani as a strategic hub for high-performance computing infrastructure.  Building on the success of this collaboration, YIT and XTX Markets entered into a second agreement in August 2025 to commence construction of a second data centre facility. This phase includes the delivery of the shell and core of the new building.
Case published 20.11.2025
Castrén & Snellman acted as legal advisor to Coöperatieve Rabobank U.A. in its capacity as sole lender and hedging bank providing senior financing to Olana Energy for a Battery Energy Storage Systems (BESS) portfolio in Finland. Our advice included preparing a legal due diligence report on the projects as well as advising on the negotiation of the various finance and project agreements. Olana Energy is a management-owned fast-growing independent power producer with an international pipeline of over 1 GW. The diversified portfolio of assets ranging from 5 to 30 MW reinforces the Finnish grid at a granular level.
Case published 18.11.2025