Public Private Partnership & Project Finance

In the wake of the considerable development of public-private partnerships in Morocco, over the past ten years, DS-HLF worked on some of the larger-scale projects initiated by the Kingdom of Morocco, both in infrastructures (ports, bus stations, railways, urban development projects, hospitals…) tourist and hotel industry, as well as in renewable energies (solar and wind power stations), and mining exploration.

 

Thanks to their multiple skills in the fields of Public, Corporate, Tax, Financial and Contractual Law, DS-HLF lawyers assist our clients, industrial groups in the energy industry, public or private construction companies, mining companies, tourism and hotel promotion companies, investment funds, foundations and financial institutionsmaster, at all the stages of a project’s development, from the feasibility study phase to the operational phase.

 

They are involved in all phases of the project, during the tendering process, fiscal and contractual structuring, contract preparation and negotiation, construction, financing and operation:

Project audit: legal and tax due diligence and risk analysis

Contractual structuring of Public-Private Partnerships:

  • Constitution of consortia or creation of joint ventures;
  • Review of the Articles of Association of SPVs and Shareholders’ Pacts;
  • Assistance in negotiating, drafting and/or renegotiating PPP agreements (EPC and EPCM contracts, delegated management contracts, concessions, contracts of joint management);
  • Implementation of subcontracting agreements.

Project financing and refinancing:

  • Structuring and negotiation of financing documentation (inter-creditor agreements, direct agreements) and securities (personal or real securities, corporate guarantees, sponsor agreements).

Advice on environmental law and urban planning law

Pre-litigation advice and resolution of disputes relating to the execution of the project, before the judicial courts or arbitration courts