Best Project Finance Lawyers in Picarras

1. About Project Finance Law in Picarras, Brazil

Project finance in Picarras, a coastal municipality in Santa Catarina, Brazil, typically relies on a dedicated Special Purpose Vehicle (SPV) to finance large-scale infrastructure projects. Lenders assess the project’s cash flows, not the general credit of the government, and debt is repaid primarily from project revenues. In Picarras this model is commonly used for water treatment, sanitation, solid waste management, tourism infrastructure, and energy projects tied to public concessions or PPPs.

Brazilian public law provides the framework for project finance nationwide, with local implementation through municipal licencing and permits. The legal architecture blends federal laws with municipal procedures, so coordination among the SPV, lenders, the public partner, and regulators is crucial. Understanding the interaction between procurement rules and project structuring helps protect lenders and sponsors alike.

“The new bidding regime for public procurement and contracts is intended to streamline and standardize bidding and PPP processes across the federation.”

Source: planalto.gov.br - Lei 14.133/2021

2. Why You May Need a Lawyer

Here are concrete scenarios in Picarras where a Project Finance lawyer can provide critical guidance and advocacy.

• A municipal water treatment project in Picarras seeks private financing under a PPP structure. You need help drafting the term sheet, performing due diligence on the SPV, and ensuring compliance with procurement rules.
• A coastal tourism development requires a long-term concession agreement with the municipality. An attorney can negotiate risk allocation, tariff models, and performance guarantees with the public partner.
• A solar or wind energy project near Picarras plans to connect to the grid and secure project finance. You will rely on expert guidance on regulatory approvals, power purchase agreements, and interconnection terms.
• A private sponsor wants to refinance existing project debt. A lawyer can review lenders’ security packages, covenants, and intercreditor agreements to protect all parties.
• Environmental licensing and permits for a project in Santa Catarina involve federal, state, and municipal bodies. An attorney coordinates multi-agency approvals to avoid delays.
• Structuring an SPV to meet Brazilian corporate and tax requirements, while ensuring compliance with local governance standards. A solicitor ensures proper capitalization, shareholders' agreements, and liability limits.

3. Local Laws Overview

The following laws and regulations shape project finance transactions in Picarras. They establish the framework for procurement, PPPs, and concessions at the federal level, which municipalities implement with local licencing and licensing requirements.

Lei 14.133/2021 - Nova Lei de Licitações e Contratos

This is the new general framework for public procurement and administrative contracts in Brazil, including concessions and PPPs. It replaces older regimes and aims to improve transparency and competition. The law entered into force in 2021 and introduced transitional rules for ongoing contracts and new bidding processes.

“A unified regime for bidding and contracting improves competition and accountability in public works and services.”

Source: planalto.gov.br - Lei 14.133/2021

Lei 11.079/2004 - Lei de Parcerias Publico-Privadas (PPP)

Lei 11.079/2004 provides the framework for Public-Private Partnerships in Brazil. It governs how private partners participate in public projects, establishes risk sharing, and defines the structure of PPP contracts. This law remains central to PPP transactions in Picarras and across the country.

Source: planalto.gov.br - Lei 11.079/2004

Lei 8.987/1995 - Lei das Concessões e Permissões

Lei 8.987/1995 governs concessions and public service permits, outlining how the state may grant private entities the right to operate essential services. It remains a key reference for concession agreements in infrastructure projects financed through project finance structures.

Source: planalto.gov.br - Lei 8.987/1995

In Picarras, environmental licensing often involves state and municipal regulators. The state environment agency in Santa Catarina, Fepam, issues environmental licenses that may be required before construction can begin. Local land use and zoning decisions also affect project timing and feasibility.

Note: Always verify current applicability and transitional provisions between these laws, as Brazil periodically updates procurement and PPP rules.

4. Frequently Asked Questions

What is Project Finance in Brazil?

Project finance uses a dedicated SPV to fund a project. Repayment is based on project cash flows rather than general corporate revenue. Lenders rely on the project’s viability and contractual protections.

What is an SPV and why is it used?

An SPV is a separate legal entity created to own and operate the project. It isolates project risk from sponsors and simplifies debt and equity allocations. It is central to project finance structures.

How long does a typical project finance deal take in Picarras?

Initial structuring takes 2-6 months, due diligence 4-8 weeks, and final approvals 1-3 months. Timelines depend on licensing and regulatory approvals.

Do I need local counsel in Santa Catarina?

Yes. Local counsel understands municipal licensing, zoning, and state environmental rules. They coordinate with federal regulators and ensure compliance locally.

Is a foreign investor allowed to participate in project finance in Brazil?

Foreign investors may participate, but must comply with Brazilian investment and tax rules. Local counsel can navigate repatriation, currency, and regulatory requirements.

How much does a Project Finance lawyer cost in Picarras?

Costs vary by scope and experience. Typical billed rates range from moderate to high, plus due diligence and contract drafting expenses. Get a written engagement letter listing fees.

What is the difference between PPP and concession?

A PPP is a long-term collaboration with the public sector to deliver a service or project. A concession grants a private party the right to operate a service for a period under regulation.

Can the municipality of Picarras issue a PPP?

Yes. Picarras can use a PPP framework under federal law to procure a service or infrastructure project, subject to bidding rules and appropriate approvals.

What licenses are required for a typical project in Picarras?

Common licenses include environmental licenses from Fepam, land use permits, building licenses, and sector-specific approvals depending on the project type.

Do I need an environmental license in Santa Catarina?

Usually yes for construction or operations affecting the environment. State agencies like Fepam issue licenses and monitor compliance.

What is the due diligence process for project finance?

Due diligence covers financial viability, contracts, permits, land rights, environmental issues, and regulatory compliance. A thorough review reduces closing risk.

What steps are involved in project finance negotiations?

Steps include economics validation, term sheet drafting, covenant design, security documents, and final contract negotiations with risk allocations.

5. Additional Resources

• Lei 14.133/2021 Nova Lei de Licitações e Contratos - Official text and updates from Planalto. https://www.planalto.gov.br/ccivil_03/_Ato2019-2022/2021/Lei/L14133.htm
• Lei 11.079/2004 Lei de Parcerias Publico-Privadas - Official text from Planalto. https://www.planalto.gov.br/ccivil_03/leis/2004/L11179.htm
• Lei 8.987/1995 Lei das Concessões e Permissões - Official text from Planalto. https://www.planalto.gov.br/ccivil_03/leis/L8987.htm

6. Next Steps

1. Define the project concept and financing objectives. Write a one-page brief outlining expected outputs, deadlines, and budget ranges. Complete within 1-2 weeks.
2. Identify the licensing and regulatory path for Picarras. List required permits, environmental licenses, and zoning approvals. Complete a preliminary regulatory map in 1-2 weeks.
3. Find 2-3 local lawyers with Project Finance experience in Santa Catarina. Check track records on SPV structuring and PPP concessions. Schedule initial consultations within 2-4 weeks.
4. Prepare a due diligence checklist covering contracts, permits, land rights, tax status, and capex. Share with shortlisted lawyers before meetings.
5. Request a term sheet and engagement letters. Compare fees, timelines, and scope of work in a written document. Aim to finalize within 3-6 weeks.
6. Choose one lawyer or firm and sign a retainer. Set milestones for deliverables, such as due diligence completion and first draft of the project contract. Timeline: 1-3 weeks after selection.
7. Proceed to negotiations and final approvals. Schedule regular updates and align with Picarras authorities on licensing and procurement steps. Expect 4-8 weeks for negotiation phases depending on complexity.