Best Project Finance Lawyers in Brig

1. About Project Finance Law in Brig, Switzerland

Project finance in Brig, Switzerland typically involves funding long-term infrastructure, energy, or public works through a special purpose vehicle (SPV) where repayment relies on the project's cash flows rather than the general credit of the sponsors. In Brig and the broader Valais canton, projects often combine Swiss bank lending with private equity and governmental incentives. The structure commonly uses non-recourse or limited-recourse debt, with lenders secured by project assets, contracts, and off-take arrangements.

Swiss project finance is shaped by national law and cantonal practice. An SPV isolates project risk, places the project’s assets and contracts under the SPV, and streamlines creditor protections and tax planning. Local regulators in Valais can influence licensing, environmental approvals, and public procurement requirements that affect deal timelines. Understanding Swiss corporate, contract, and regulatory frameworks is essential for residents of Brig pursuing such deals.

“Non-recourse project finance structures are commonly used for large infrastructure and energy projects in Switzerland.”

Sources and regulatory references used in this guide reflect Swiss practice and are anchored in official channels such as the Swiss Federal Administration and supervisory authorities. For a deeper dive, consult FINMA and the Swiss Federal Energy Office guidance as you prepare a Brig project.

Sources: FINMA and Swiss Federal Office of Energy (BFE).

2. Why You May Need a Lawyer

Project finance in Brig often requires careful legal guidance across several specialty areas. Below are concrete scenarios where engaging a lawyer is essential.

• Drafting and negotiating the SPV and intercreditor agreements for a hydropower project in the Simplon region, including lender rights and priority of payments.
• Structuring the debt package with Swiss banks and cross-border lenders, ensuring compliance with BankG requirements and FINMA expectations.
• Navigating cantonal permits and environmental approvals in Valais, such as water rights, land-use authorizations, and impact assessments that affect project timelines.
• Drafting and negotiating EPC, O&M, and off-take contracts, with attention to performance guarantees, liquidated damages, and change-of-law protections.
• Handling tax optimization and SPV registration, including corporate domicile considerations and cross-border tax implications for investors in Brig.
• Ensuring compliance with anti-money-laundering rules and financial crime prevention in complex project finance transactions with multiple sponsors.

3. Local Laws Overview

Brig-based deals must align with both Swiss national law and cantonal practices in Valais. The following are key legal anchors for project finance in Brig:

• Banking Act (Bankengesetz, BankG) - Governs the licensing and supervision of banks that provide project finance lending, including prudential requirements and risk management expectations. Banks must follow established standards when funding large infrastructure projects in Switzerland.
• Energy Act (Bundesgesetz über die Energie, EnG) - Regulates energy licensing, grid connection, tariffs, and the development of energy projects, including renewables. Project finance in Brig frequently hinges on EnG compliance for energy generation and transmission aspects.
• Cantonal and Federal Public Procurement Regulations - Public procurement laws govern competition for publicly funded components of large projects. In Brig, cantonal procurement rules in Valais may apply when the project involves cantonal contracts or subsidies.

To support compliance, you may reference official regulatory bodies such as the Swiss Financial Market Supervisory Authority (FINMA) for BankG considerations and the Swiss Federal Office of Energy (BFE) for EnG-related matters. The cantonal procurement framework in Valais may require attention to regional tender procedures.

Sources and official resources include:

• FINMA - Bank regulation and supervision
• BFE - Swiss Federal Office of Energy
• Valais Cantonal Administration - cantonal procurement and regulatory planning

4. Frequently Asked Questions

What is project finance in Brig, Switzerland?

Project finance uses an SPV with debt secured by project cash flows and assets. The lenders focus on the project’s viability rather than the sponsors’ balance sheets. This approach is common for energy, transport, and infrastructure projects in Brig.

How do I start a project finance deal in Brig?

Begin with a feasibility assessment, identify potential lenders, and prepare a term sheet. Engage an Anwalt or Rechtsanwalt early to align SPV structuring, contracts, and regulatory steps with Swiss law.

What is an SPV and why is it used in project finance?

An SPV is a separate legal entity created to hold project assets and contracts. It isolates risk and enables lenders to attach rights to project cash flows and collateral.

Do I need a Swiss-licensed attorney for this work?

Yes. A Swiss-licensed attorney (Anwalt/Rechtsanwalt) with project finance experience helps navigate Swiss contract law, regulatory compliance, and cantonal requirements in Brig.

How long does it take to close a project finance deal in Brig?

Timelines depend on permits, due diligence, and lender coordination. A typical energy project in Valais may take 9 to 18 months from kickoff to financial close.

What documents are typically required to begin a deal?

Expect corporate documents for the SPV, project contracts (PPA, EPC,O&M), due diligence reports, permit summaries, and lender term sheets. Tax and corporate registrations may also be needed.

What is the difference between a term sheet and a loan agreement?

A term sheet outlines key terms and conditions. The loan agreement is the binding contract that governs the loan, security packages, and covenants once due diligence is complete.

How much do Swiss project finance lawyers typically charge?

Fees vary by complexity and region. In Brig, expect a mix of hourly rates and fixed project milestones, with clarity on total engagement costs upfront.

Can a cross-border lender participate in Brig projects?

Yes, provided applicable Swiss and cantonal regulations are satisfied. A lawyer can manage cross-border documentation and tax considerations.

Do I need cantonal permits for a hydropower project in Brig?

Yes. Hydropower developments typically require cantonal water, environmental, and land-use approvals in Valais, in addition to federal licensing where applicable.

Is there a deadline to register the SPV in Brig or Valais?

SPV registration is typically required before project contracts are executed. A lawyer can coordinate company formation and regulatory filings with the Swiss Companies Register.

Should I hire a lawyer before or after the term sheet is negotiated?

Hire early. Early legal involvement helps structure the SPV, frame the term sheet, and anticipate regulatory and contractual risks.

5. Additional Resources

These official organizations provide guidance and regulatory context for project finance activities in Brig and Switzerland:

• FINMA - Swiss financial markets regulator overseeing banks financing projects; provides guidance on prudential standards for lenders and non-recourse financing structures. https://www.finma.ch/en/
• Swiss Federal Office of Energy (BFE) - Governs energy policy, licensing, grid access and renewable energy regulation relevant to project finance in energy sectors. https://www.bfe.admin.ch/bfe/en/home.html
• Zefix - Central Swiss company register used for SPV formation and corporate checks. https://www.zefix.admin.ch

6. Next Steps

1. Define the project scope and select the target SPV structure. This step clarifies asset ownership, off-take, and risk allocation. Timeframe: 1-2 weeks.
2. Engage a Brig-based Rechtsanwalt (attorney) with project finance experience. Obtain a scope of work, fee proposal, and an engagement letter. Timeframe: 1 week.
3. Prepare a high level term sheet with sponsors, lenders, and equity investors. Review with your attorney for legality and enforceability. Timeframe: 2-4 weeks.
4. Conduct due diligence on contracts, permits, and regulatory compliance. Ensure SPV readiness for lender due diligence. Timeframe: 4-8 weeks.
5. Secure binding lender commitments and finalize intercreditor and security agreements. Ensure alignment with BankG and EnG requirements. Timeframe: 6-12 weeks.
6. Finalize EPC, O&M, and PPA contracts with risk allocations clearly reflected in documents. Timeframe: 4-8 weeks.
7. Close the transaction and register the SPV with Zefix, ensuring all regulatory filings are complete. Timeframe: 2-6 weeks post signature.