Development and support of PPPs
Let us know whether you would like us to exclusively represent your individual interests, or take over responsibility for drafting contracts for the entire PPP.
A key question is always, which PPP model should be implemented (e.g. operator, operational management, concession models, etc). In the next step, we will find the appropriate method that complies with procurement law regulations and at the same time, makes the best use of existing leeway in the law.
A significant point in terms of the success of a PPP projects, is the balanaced distribution of risk between the public authorities and the private partners.
As the contract drafters, we will develop the optimal ownership structure for the PPP model. A clear structure and unambiguous contract terms are particularly important when it comes to PPPs, given that many of them have a very different company structure (public, investor, and commercial companies). It is important to bring the conflicting interests of very different shareholders all under one roof and avoid a shareholder dispute.
The special ownership structure can range from an atypical silent partnership or a GmbH (limited liability company), to foundations. Of course, all combinations are conceivable.
After the structure has been decided on, we will draft all of the contracts, in particular
- Partnership agreement or articles of association,
- Shareholders’ agreements, which define the rights and obligations of those involved in a PPP project who have common interests (e.g. investors),
- Mutual offers (put and/or call options), given that many parties in a PPP project prefer a straightforward exit (which they can use as an “emergency brake“),
- Management contracts,
- Rules of Procedure for management and the supervisory board
- Rental and lease agreements, if a PPP project consists of a asset owning and a operationg unit,
- Credit− and other financing contracts and
- Contracts about the grant or exclusion of know−how transfer.
As PP-partner’s lawyers, we will support you in your contract negotiations. As a result of our many years of experience, we know that several rounds of negotiations are necessary until a result is been reached, which both sides are satisfied with.
We are available should you require further information or an analysis of your situation.