Best Project Finance Lawyers in Spiez

1. About Project Finance Law in Spiez, Switzerland

Project finance in Spiez, Switzerland, follows the same core framework as in the rest of the country. The financing relies on the cash flows of a dedicated project and a special purpose entity (SPV), rather than the sponsors’ entire balance sheets. In practice, lenders assess the project’s revenue, construction risk, and long term O&M costs before providing funds.

In Spiez, as in other parts of the Canton of Bern, a typical SPV is formed as a GmbH or an AG and registered in the local corporate registry. Real estate or project assets used as collateral must be conveyed with the involvement of a local notary and entered into the Bern Cantonal Land Register (Grundbuch). This ensures that security interests in property are properly perfected and enforceable.

Project finance agreements commonly include an EPC contract, an O&M agreement, and a long term off-take or power purchase agreement. Swiss contract law, principally the Swiss Code of Obligations, governs these agreements. Banks and investors also observe Swiss banking and financial market regulations throughout the transaction. Local counsel coordinates with lenders, sponsors, and authorities to ensure compliance with Swiss and cantonal requirements.

For residents of Spiez, practical considerations include dealing with cantonal requirements for permits, land use planning, and environmental approvals. Swiss law requires careful alignment of project finance documents with both federal and cantonal authorities, particularly for energy and infrastructure projects that impact local communities.

Source: Swiss Code of Obligations and Swiss banking framework guidance published by FINMA and admin.ch. See FINMA and admin.ch.

2. Why You May Need a Lawyer

These are concrete, location specific scenarios in Spiez where a project finance lawyer adds real value. Each scenario reflects typical issues that arise in local deals.

• Hydropower development near Lake Thun requires a robust security package. A lawyer helps structure the SPV, review collateral rights over hydropower assets, and draft inter-creditor agreements with Swiss banks.
• A Spiez hotel redevelopment financed by a bank loan needs careful contract drafting for EPC and O&M commitments. A solicitor can ensure the project documents align with cantonal permitting conditions and environmental standards.
• A cross border solar project involves lenders from Switzerland and neighboring countries. A legal counsel coordinates currency risk provisions, cross border tax considerations, and multi jurisdiction security interests.
• Municipal or cantonal off-take arrangements require regulatory compliance with Swiss energy and procurement rules. An attorney reviews PPA terms, performance guarantees, and termination rights to avoid disputes later.
• Security perfection and priority can be complex in Switzerland. A lawyer helps prepare and record pledges, assignments, and floating charges in line with BankG and OR requirements.
• Due diligence in Spiez often reveals local land use restrictions or environmental liabilities. A project finance solicitor coordinates diligence on permits, licenses, and potential encumbrances impacting cash flow.

3. Local Laws Overview

Two to three core Swiss laws and related regulations frequently govern project finance in Spiez. Here is a concise outline with practical implications for local projects.

• - Governs contract formation, assignment rights, and corporate law for SPVs used in project finance. It underpins how loan agreements, guarantees, and shareholder agreements are drafted and enforced. Impact: sets baseline for enforceability of project contracts.
• - Regulates banks, licensing, capital requirements, and debt finance activities. It guides lender protections, due diligence, and risk management in project finance transactions. Impact: governs how banks structure and supervise project loans.
• - Regulates foreign ownership of Swiss real estate and certain security interests. It affects financing structures that rely on Swiss real estate as collateral by non residents. Impact: determines whether local collateral can be held by foreign beneficial owners.