Best Project Finance Lawyers in Namur

1. About Project Finance Law in Namur, Belgium

Namur sits in the French-speaking area of Wallonia, Belgium, where both federal and regional rules shape project finance transactions. In practice, most large scale projects use a Special Purpose Vehicle (SPV) to isolate project risk from sponsors. Belgian corporate law, as codified in the Code des sociétés et des associations (CSA), governs how SPVs are formed, funded and operated. Since 1 May 2019 the CSA introduced the SRL as a flexible form for small and medium sized project companies, making it easier to tailor ownership and governance for project finance needs.

Project finance deals in Namur typically mix debt from Belgian and cross border lenders with equity from local and foreign sponsors. Documentation usually includes an EPC contract, O&M agreement, offtake or off take agreements, shareholder loans and a robust security package. Counsel will also review tax structuring, transfer pricing considerations and cross border regulatory issues. In Wallonia, permits and zoning play a critical role, so the SPV and lenders must align with local rules from planning authorities.

Regulatory oversight in Namur combines federal law with Walloon regional rules. This often means coordinating corporate, procurement, planning and environmental compliance in parallel. For projects in the energy, transport or infrastructure sectors, counsel should anticipate a multi year timeline from initial bids to financial close. A well drafted project structure reduces the risk of delays due to regulatory or permit issues.

Source: European Commission - Public procurement directives guide how large public works and concessions are tendered in Belgium.

For general guidance on project finance structures and risk allocation, international organizations provide helpful context. The International Finance Corporation explains the project finance model as using a non recourse or limited recourse debt structure backed by project cash flows. See IFC materials on project finance for background on typical documents and risk sharing.

Key sources and further reading include official European and international guidance. See the European Commission public procurement pages and the IFC project finance overview for broader context.

Note: This section outlines the general framework. Specific projects in Namur may be subject to regional planning, environmental and procurement rules that require local legal counsel to review and coordinate with authorities.

2. Why You May Need a Lawyer

Below are concrete, real world scenarios where people in Namur commonly need Project Finance legal help. These are not generic statements but reflect typical local experiences with large scale projects.

• Structuring an SPV for a Namur wind farm. A sponsor plans a wind energy project in Wallonia and needs to set up an SPV in SA or SRL form. A lawyer helps decide the optimal corporate form, draft the articles, arrange initial share capital, and prepare the inter creditor agreement with lenders.
• Negotiating a cross border EPC and debt package. The project relies on lenders from multiple jurisdictions. A Belgian solicitor coordinates the security package, inter creditor arrangements and perfection of liens in Belgian real estate and moveable assets.
• Managing regulatory risk for a PPP with a Namur municipality. A local PPP requires concessions, tender compliance, and a long term O&M contract. Counsel reviews tender documents, procurement rules, and concession terms to minimize future disputes.
• Securing permits under CWATUP for a regional play. Zoning, environmental and building permits are essential. Lawyers coordinate with local authorities and ensure compliance with the Code du développement du territoire, de l urbanisme et du patrimoine (CWATUP) to avoid permit delays.
• Tax and incentives planning for Belgian project finance. A law firm evaluates how Belgian corporate tax regimes, notional interest deduction rules and regional incentives affect the project economics and financing structure.
• Drafting and negotiating an off take agreement for Namur energy supply. Counsel ensures the contract aligns with regional energy regulations and lender expectations, including price adjustment and long term revenue certainty.

In short, a project finance lawyer in Namur helps with SPV design, lender negotiations, permit coordination, contract drafting and cross border regulatory compliance. A local attorney can reduce delays by anticipating Walloon and Namur specific procedures during the procurement and permit phases.

3. Local Laws Overview

The following laws and regulations commonly govern project finance in Namur, Belgium. They reflect the federal framework and the regional specifics relevant to Wallonia and the Namur area. Where dates or recent changes are known, they are noted.

• Code des sociétés et des associations (CSA) - The Belgian corporate code governing company formation, governance and capital structure. The CSA introduced the SRL as a standard form and modernized corporate governance. Effective from 1 May 2019, it affects how SPVs in project finance are structured and managed.
• Code wallon de l aménagement du territoire, de l urbanisme et du patrimoine (CWATUP) - Walloon planning, zoning and permitting framework. CWATUP governs urban planning, environmental permits and heritage considerations for projects in Wallonia, including Namur. Compliance is essential to avoid delays in construction and regulatory roadblocks.
• Code des marchés publics (Belgian public procurement code) - Federal framework for public procurement and concessions, including tendering rules for public works and concessions. It interacts with EU directives 2014/24/EU and 2014/25/EU and is implemented in Belgium through national legislation and regional adaptations for Wallonia. This code governs how governmental bodies award projects in which a Namur SPV might participate.

Recent changes and context: The CSA's introduction of the SRL has influenced how smaller project entities are capitalized and governed in project finance. EU public procurement directives continue to shape tender procedures in Belgium and Wallonia as part of the transposition process. These dynamics affect timelines, bid preparation and risk allocation for Namur projects.

Source: European Commission - Public procurement directives guide public works tendering across Belgium and the EU.

Practical note: In Namur and broader Wallonia, environmental and urban planning requirements under CWATUP often intersect with procurement and corporate structuring. Coordination between the SPV, lenders, and the procuring authority is essential for timely financial close.

4. Frequently Asked Questions

What is project finance in plain language?

Project finance is a financing approach where debt and equity are secured by the project’s future cash flows rather than the sponsors’ balance sheets alone.

How does an SPV work in a Namur project?

An SPV is a distinct legal entity created to own and operate the project. It isolates risk and is the borrower to lenders.

What is the role of a solicitor in a project finance deal?