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General Information |
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 Practices Areas
We cover all types of PPP contractual structures:
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Delegating public services : (concessions, leases)
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Administrative long-term leases and long-term leases for hospitals
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Permits authorising temporary occupancy of public land - Leases with purchase option
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Partnership agreements Built-Operate-Transfer (BOT) arrangements
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Comprehensive public procurement contracts
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Complex contractual structures PPPs may be formed in areas as varied as:
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Construction and property management
- Offices and public housing
- Schools
- Hospitals and emergency units
- Police stations
- Courts and prisons
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Culture, sports and leisure
- Museums and cultural facilities
- Athletic centres
- Leisure centres
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Energy
- Town heating
- Hydrocarbon transformation
- Renewable energy
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Environment
- Water and wastewater treatment
- Waste processing
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Municipal services
- Public lighting
- Street furniture
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Transport
- Ports
- Airports
- Road and train networks
Our Approach
From 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:
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Defining contractual structures
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Drafting bidding documents
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Drawing up specific procedures for calls for tenders
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Structuring consortiums and project companies
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Preparing tendering documents and bids
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Drawing up agreements between the various parties
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Project finance structuring
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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 organisations, private operators and financial institutions regularly place their trust in us to manage their national and international projects.
Our Team
The 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 other member firms of the CMS Alliance.
Our clients accordingly benefit from our multidiscplinary 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.
Among the managers are:
François Tenailleau, associate, former member of the working group formed by the Ministry of the Economy and Finance, who headed the preparation of a "Practical Guide" on partnership agreements (Partnership Agreements - Principles and Methods) and wrote a paper for Jurisclasseur on public-private partnerships, and Jean-Jacques Lecat, Partner, who advises international organisations, foreign public authorities as well as private sponsors and has, in particular, contributed to writing the Water & Sanitation Toolkit prepared by the World Bank for use by emerging countries. The firm is listed by the Support Centre for Performing Partnership Agreements (Mission d'appui à la réalisation des contrats de partenariat (MAPPP)) and is a member of the Expertise and Observation Centre for Public-Private Partnerships (Centre d'expertise et d'observation des partenariats public-privé (CEFO-PPP)).
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| CONTACT
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National Unit
Partner
Jean-Luc Tixier
Associate
François Tenailleau
International Unit
Partner
Jean-Jacques Lecat
Your usual tax contact will appoint the tax team best suited to your needs
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