Project Finance and Development Practice in Germany
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Project Finance and Development Practice Definition
Project Finance & Development Project finance is a central area of consultancy on the boundary to a multitude of related legal fields besides original banking and financial law. Depending on the project matter, project finance involves elements of public law, public procurement law, construction law, corporate law and tax law.
Hence, legal consulting in the field of project finance & project development consulting basically comprises the following advisory services:
- Legal advice for sponsors, project developers, lending banks and the public sector on the development of finance concept and on financing individual projects as well as infrastructure projects;
- Legal advice for banks, businesses and communities on structuring public-private partnership projects for the realization of public institutions; ·
- Concept development for closed-/open-end funds for financing individual projects, incl. prospectus development and drafting as well as approval proceedings before the German Federal Financial Services Supervisory Authority (BaFin);
- Tax structuring of investment funds and other funds;
- Development and implementation of alternative forms of finance such as mezzanine loans, incl. contract drafting;
- Legal advice on business transactions and on financing them; for example, by means of share deals, forward deals or joint-venture business plans for real estate financing;
- Legal advice on the development and launch of capital market products; for example, as a means of growth financing for mid-sized companies or for project financing; for example, in the form of bonds, PNs or convertible bonds, incl. tax structuring and prospectus drafting;
- Risk analyses (due diligence) and preparation of financing and collateral documentation. Lawyers specializing in the field of project finance should be able to demonstrate not only finance expertise, but also a thorough understanding of business and economics as well as a broad know-how in business and financial law, including the boundaries thereof with other, related law fields. Equally important is their ability to demonstrate a deep understanding of project development as well as any project management experience they may have. Ideally, they will be in a position to offer their diverse services under one roof, consulting with fellow law experts from various other law practices within the law firm and relying on their special expertise whenever necessary.