Best Project Finance Lawyers in Austria

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Vogl Lawfirm
Feldkirch, Austria

Founded in 1990
50 people in their team
German
English
Dr. Hans-Jörg Vogl founded Vogl on 01/01/1990.Our law firm comprises eleven legal staff in Austria and abroad and a further ten permanent employees. Each employee works in a specialist field, but also has appropriate legal expertise.Our relationship of trust with our clientsis based on technically...

Founded in 2000
50 people in their team
German
English
Efficient & EffectiveOur law firm is a service company that adapts to the needs of our clients and offers optimal services in those legal areas that are important in everyday private and business life. Creativity combined with competence and goal orientation characterize our actions.In a...
NF LAWYERS
Graz, Austria

Founded in 2000
50 people in their team
German
English
Welcome to NF Attorneys!LAWYERS GRAZ -REAL ESTATE LAW, CONSTRUCTION LAW, LABOR LAW & INSURANCE LAWWe advise and support you in all legal matters!NF Rechtsanwälte stands for precise, discreet and solution-oriented work. We adapt to the individual needs of each client.Our office is located...
LIKAR Rechtsanwälte
Graz, Austria

Founded in 2000
50 people in their team
German
English
With the presence of our academic and business consultants plus the interdisciplinary co-operation with economical advisers, management consultants, chartered accountants, notaries and financing-experts we are able to offer comprehensive solutions for extensive projects (one-stop-shop).For...
PACHER & PARTNER
Graz, Austria

Founded in 1957
50 people in their team
German
English
Founded in 1957 as a civil law firm, we have continually expanded our field of activity by bringing on new partners.Our team brings together a wide range of personalities with different professional specializations. As a modern business law firm, we place particular emphasis on the highest legal...
DORDA Rechtsanwälte GmbH
Vienna, Austria

Founded in 1976
200 people in their team
German
English
DORDA Attorneys at Law. We deliver clarity. Our strengths are precision, innovation and flexibility. Our services in all areas of business law ensure our clients optimal clarity in their decision making. Our success is based on commitment and internationality. We nurture our cooperation with...

Founded in 1962
200 people in their team
German
English
The Courage to Guide our ClientsWe offer advice that is clear and solution-oriented, so that our clients can make the right decisions.We fight for the goals of our clients and achieve the results they need.The people of Binder GrösswangWe are outstanding specialists with an eye for the...

Founded in 2019
50 people in their team
German
English
My focusAre you looking for legal advice, do you have a legal problem or do you need legal assistance in the areas of real estate and commercial law? Due to my many years of work in a renowned, international commercial law firm in Vienna and in particular my specialization in the area of ​​real...

Founded in 2007
50 people in their team
German
English
Dr. Johannes Oehlboeck LL.M2008: Graduated as Doctor iuris, PhD, (with distinction)2008: European Trade Mark and Design Attorney2007: Registered in the List of Attorneys at Law, Member of the Austrian Bar Association.2000 to 2001: Postgraduate Diploma Course in IT Law (Master Thesis: “Access to...

Founded in 1994
50 people in their team
German
English
My team and I have been at home in this sensitive segment for a long time. If a marriage is about to end, it is in everyone's interest to handle the separation respectfully and quickly. If children are involved, the top priority is to act as carefully as possible. Because in addition to the fair...
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About Project Finance Law in Austria

Project Finance is a specialized area of finance that involves funding large-scale projects, such as infrastructure developments, energy plants, or transportation systems, primarily through a structure known as "non-recourse" or "limited recourse" financial arrangements. In Austria, Project Finance plays a crucial role in supporting public and private sector initiatives by facilitating access to capital while managing risks associated with ambitious projects. Austrian Project Finance law governs the legal structures, contractual frameworks, and regulatory requirements surrounding these ventures. It is closely tied to other legal areas such as contract law, banking, securities regulations, and public procurement.

Why You May Need a Lawyer

Project Finance transactions are complex and involve various stakeholders including sponsors, lenders, public authorities, and contractors. Here are common situations where legal assistance is essential:

  • Structuring the ownership and financing arrangements for a project.
  • Drafting and negotiating loan agreements, security documents, and project contracts.
  • Navigating Austrian and EU regulatory approvals or licensing requirements.
  • Dealing with public-private partnership (PPP) frameworks and arrangements.
  • Managing project risks, such as construction delays, budget overruns, or regulatory changes.
  • Handling disputes between stakeholders or with public authorities.
  • Ensuring compliance with environmental, social, and governance (ESG) obligations.
  • Advising on tax implications and optimizing the financial structure of the project.

Expert legal advice helps prevent costly mistakes, ensure regulatory compliance, and protect your investments and interests throughout the lifecycle of the project.

Local Laws Overview

Austria has a robust legal framework that supports sophisticated Project Finance arrangements. Key aspects to consider include:

  • Contract Law: Austrian contract law governs the drafting and enforcement of agreements between project parties, including loan agreements, construction contracts, and operation or maintenance contracts.
  • Securities and Collateral: Austrian law allows the creation of several forms of security over assets, such as pledges of shares, mortgages, and assignments of receivables, which are often required by lenders in Project Finance transactions.
  • Company Law: Commonly used corporate structures include limited liability companies (GmbH), joint-stock companies (AG), and special purpose vehicles (SPVs) incorporated specifically for the project.
  • Public Procurement: For projects involving public sector participation, strict procurement rules under both Austrian and EU law apply.
  • Environmental and Planning Law: Major projects must comply with permitting regimes and environmental impact assessments.
  • Insolvency Law: Austrian insolvency provisions matter for assessing lenders’ risks and lenders’ remedies on default.
  • Tax Law: Tax structuring is central to the feasibility of a Project Finance transaction, with implications for income tax, VAT, and transfer pricing.

Frequently Asked Questions

What is the definition of Project Finance in Austria?

Project Finance in Austria refers to the funding of long-term infrastructure and industrial projects based upon a non-recourse or limited recourse financial structure, where project debt and equity are paid back from the cash flow generated by the project.

Do I need to set up a special purpose vehicle (SPV) for a Project Finance transaction?

Yes, it is standard practice to set up an SPV in Austria when undertaking a Project Finance transaction. This helps isolate project assets and liabilities, and facilitates risk allocation among stakeholders.

What types of security interests can lenders take under Austrian law?

Lenders can take various types of security, including mortgages over real estate, pledges of shares, assignments of receivables, and security over movable assets. The choice depends on the project structure and the type of assets involved.

Are public-private partnerships (PPPs) common in Austria?

Yes, PPPs are increasingly used in Austria, especially for infrastructure and public sector projects. These arrangements combine public and private sector resources and require careful legal structuring.

How are construction risks typically managed in an Austrian Project Finance structure?

Construction risks are usually allocated to the contractor via detailed construction contracts (such as EPC or turnkey contracts) and backed by performance guarantees, insurance, and sometimes sponsor support undertakings.

What permits and approvals are required for large projects?

Large projects typically require a range of permits, including environmental impact assessments, zoning and planning approvals, and sector-specific licenses depending on the nature of the project (for example, energy generation or transportation).

How long does it take to close a Project Finance deal in Austria?

The duration varies with project complexity but typically ranges from a few months to over a year, including time for due diligence, negotiations, securing permits, and finalizing financing agreements.

What are the main tax considerations in Austrian Project Finance structures?

Key tax issues include corporate income tax, potential value added tax (VAT) on supplies or services, withholding taxes, and considerations relating to transfer pricing and the treatment of debt versus equity.

Is foreign investment permitted in Austrian Project Finance projects?

Austria welcomes foreign investment, but certain sectors (such as critical infrastructure and defense) are subject to foreign direct investment screening and approval by authorities.

Can project finance disputes be resolved through arbitration in Austria?

Yes, parties can agree to resolve disputes through arbitration. Austria is recognized as an international arbitration hub, and many Project Finance agreements specify Vienna International Arbitral Centre (VIAC) as the forum for dispute resolution.

Additional Resources

If you are seeking further information or guidance regarding Project Finance in Austria, the following resources may be helpful:

  • Austrian Financial Market Authority (FMA): Regulates, supervises, and provides guidance on financial markets and investment structures.
  • Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology: Resource for environmental, infrastructure, and energy projects.
  • Austrian Chamber of Commerce (Wirtschaftskammer Österreich): Offers information for businesses and investors, including legal and financial guidance.
  • Austrian Federal Procurement Agency (BBG): Key contact for public-private partnership projects and procurement procedures.
  • Vienna International Arbitral Centre (VIAC): Information on alternative dispute resolution methods in Austria.

Next Steps

If you are considering entering a Project Finance transaction or require legal advice for an existing project in Austria, consider the following steps:

  • Define the project scope, key objectives, and stakeholders involved.
  • Seek preliminary advice from a lawyer or firm experienced in Project Finance and Austrian law.
  • Prepare necessary documentation, such as business plans, feasibility studies, and proposed financial structures.
  • Work with your legal advisor to identify regulatory requirements, risk factors, and optimal project structures.
  • Engage in early discussions with prospective lenders, relevant authorities, and key project partners.
  • Maintain ongoing communication with your legal counsel throughout negotiation, contract drafting, and project implementation phases.

Early legal involvement is critical to navigate complexities, avoid regulatory pitfalls, and ensure a successful project outcome. If you need personalized advice, contact a qualified lawyer in Austria with Project Finance expertise.

Lawzana helps you find the best lawyers and law firms in Austria through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Project Finance, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Austria - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.