Corporate law

Renewable energy projects often require concluding a large number of contracts. So, in order to secure the operation of a power plant, it is usually necessary to conclude lease or tenancy contracts, plant operation contracts, maintenance agreements etc. In practice, this has led to a situation where renewable energy projects are often developed by separate special-purpose vehicles set up specifically to handle a project so as to enable their alienation without having to separately transfer the project-related contracts. Therefore, development and implementation of renewable energy projects always involves the question of how to arrange the corporate structure.

Apart from tax and capital markets aspects, it is legal aspects that should be particularly analysed and contemplated in detail. Company law provides for a whole range of legal forms, which can be used for renewable energy projects. Before deciding about the final corporate form, various questions should be resolved, ranging from the number of shareholders, the number of planned projects, a possible participation of municipalities and citizens, through to admissibility under municipal law, tax treatment of profits and losses and, finally, to optimisation of business operations and internal decision-making processes.

Even this short overview shows that early identification of requirements and expectations involved in a given renewable energy project is of crucial importance for selecting the optimal corporate structure, in projects implemented both on national and on international level. With our long and extensive expertise in the development and implementation of renewable energy projects at home and abroad, Rödl & Partner is the perfect point of contact for your project.