Public Private Partnerships
“Public-private partnerships”(PPPs) is a recent expression covering highly varied systems that relate to building, operating and managing infrastructure, facilities or public services. These systems derive either from longstanding legal traditions in France and other administrative law countries – of which the most representative example is the concession, or from an adaptation of Anglo-Saxon project financing practices that have recently been introduced in France to realise public projects. Implementing PPPs requires a solid understanding of the diverse legal and tax implications. In particular, they call for expertise based on in-depth knowledge of classic administrative law in addition to law and taxation applying to innovative financing techniques. Our Practice AreasWe cover all types of PPP contractual structures: Delegating public services : (concessions, leases) Built-Operate-Transfer (BOT) arrangements Administrative long-term leases and long-term leases for hospitals Permits authorising temporary occupancy of public land – Leases with purchase option Partnership agreements Comprehensive public procurement contracts Complex contractual structures PPPs may be formed in areas as varied as: Construction and property management - Offices and public housing - Schools - Hospitals and emergency units - Police stations - Courts and prisons Culture, sports and leisure - Museums and cultural facilities - Athletic centres - Leisure centres Energy - Town heating - Hydrocarbon transformation - Renewable energy Environment - Water and wastewater treatment - Waste processing Municipal services - Public lighting - Street furniture Transport - Ports - Airports - Road and train networks. Our ApproachFrom the design phase to the implementation stage, we assist private and public organisations in all stages of their national and international projects. We join forces with experts from member law firms in the CMS Alliance, who specialise in PPPs in their respective jurisdictions (25 countries including 14 in Europe). We accordingly cover the following tasks: Defining contractual structures Drafting bidding documents Drawing up specific procedures for calls for tenders Structuring consortiums and project companies Preparing tendering documents and bids Drawing up agreements between the various parties Project finance structuring Tax optimisation. In relation to the tax aspects of projects, we are supported by our team of tax experts reputed for their excellence, who have in-depth knowledge of the public sector and established experience in PPPs. Our Clients States, international or ganisations, private operators and financial institutions regularly place their trust in us to manage their national and international projects. Our TeamThe PPP team is comprised of two units – a national and an international unit. The complexity of the issues relating to public-private partnerships requires structured teams staffed by legal and tax experts under the supervision of a manager from one of these units specialising in public law and international projects. The manager appoints a dedicated team of legal and tax experts selected from the firm and/or CMS Infrastructure & Project Finance Group. Our clients accordingly benefit from our multidisciplinary approach. By pooling the expertise of specialists in public business law, private law and taxation, we can provide a full range of advisory services for all aspects of your projects.