Best Project Finance Lawyers in Trelleborg

1. About Project Finance Law in Trelleborg, Sweden

Project finance in Sweden, including Trelleborg, typically uses a dedicated Special Purpose Vehicle (SPV) to own the project assets and to isolate project risks from sponsors. Lenders evaluate the project’s cash flows, contractual structure, and security package rather than relying primarily on the sponsor’s balance sheet. In Trelleborg, where local infrastructure projects and utility initiatives may involve municipal or regional actors, the process often intersects with public procurement rules and regional permitting requirements. A Swedish advokat or juridisk rådgivare (legal counsel) familiar with SPV structures can help align project objectives with Swedish contract law and regulatory expectations.

Key practical realities in Trelleborg include ensuring compliance with Swedish corporate, contract, and collateral laws, while coordinating with lenders from Sweden and wider Europe. The SPV may secure financing with a mix of corporate guarantees, liens on project assets, and potentially movable and real security interests. Local counsel can help map asset ownership, ensure proper collateralization, and navigate cross-border lender documentation when international banks or funds participate.

Understandably, project finance deals in Sweden require careful attention to governance, risk allocation, and dispute resolution mechanisms. An attorney licensed in Sweden can advise on how to draft term sheets, finalize financing agreements, and structure enforcement options if a project encounters financial stress. The aim is to create robust, lender-friendly documentation that still protects project sponsors and local interests.

2. Why You May Need a Lawyer

• Public sector involvement in a local Trelleborg project - A district heating project may be procured through a municipality or regional utility, triggering public procurement rules and complex contract requirements. An advokat can guide you through bid documentation, evaluation criteria, and contract awards to avoid bid challenges.
• Creating an SPV to own and operate the project - If your wind farm in Skåne uses an SPV, you will need precise articles of association, director responsibilities, and inter-creditor arrangements. A solicitor can draft and review the SPV documents to optimize risk allocation and lender acceptance.
• Securing the loan with project assets - Financing often relies on security interests such as corporate liens on assets (företagsinteckning) and real security where applicable. An attorney can prepare the security package and ensure perfection of security interests in Sweden.
• Cross-border lenders or investors - Foreign lenders may require local counsel to translate and negotiate Swedish boilerplate contracts and ensure compliance with Swedish corporate law and EU procurement rules. A local lawyer can coordinate with international counsel.
• Drafting and negotiating project contracts - Fuel supply, offtake, O&M, and construction contracts must be carefully drafted to reflect risk sharing, change orders, and termination rights. A Swedish advokat can harmonize these documents with financing documents.
• Dispute resolution and enforcement - If disputes arise, you may need tailored arbitration or court strategies under Swedish law. A local advisor can advise on governing law, venue, and potential cross-border enforcement.

3. Local Laws Overview

• Aktiebolagslagen (2005:551) - The Swedish Companies Act governs corporate structure, governance, and liability of directors within Swedish stock corporations. It is central to how an SPV is formed, managed, and financed in Trelleborg. Note that corporate governance and directors’ duties are tightly regulated in Sweden.
• Lagen om offentlig upphandling (2016:1145) - The Public Procurement Act implements EU procurement directives in Sweden and governs how public bodies contract for goods and services, including infrastructure and energy projects. This law shapes bidding, award procedures, and contract performance for projects involving public entities in or affecting Trelleborg.
• Avtalslagen (1915:218) - The Contract Act provides general rules for formation, interpretation, and enforcement of contracts in Sweden. It applies to project finance term sheets, loan agreements, and other contractual documents used in SPV financing structures.

Recent legal changes and trends - Sweden has transposed EU procurement directives into national law, with notable emphasis on transparency, competition, and negotiated procedures in public project decisions. Updates in 2016 reinforced these principles and affect how projects in municipalities like Trelleborg are procured and contracted. For authoritative text and updates on these laws, consult official sources such as the Swedish Parliament’s website and the national financial regulator’s guidance.

“Aktiebolagslagen regulates corporate governance, shareholder rights and directors’ duties in Swedish companies, including SPVs used in project finance.”

“Lagen om offentlig upphandling implements EU procurement rules and governs how public sector entities contract for works, services and supplies.”

4. Frequently Asked Questions

What is project finance in simple terms?

Project finance structures a loan based on the project's cash flows rather than the sponsor's balance sheet. An SPV owns the project and lenders look to the project’s performance for repayment.

How does project finance differ from corporate lending in Sweden?

In project finance, lenders rely mainly on the project's assets and contracts. Corporate lending relies on sponsor guarantees and overall corporate credit, not solely on the project’s economics.

Do I need a local lawyer in Trelleborg for a project finance deal?

Yes. Local advice helps with Swedish contract law, security perfection, and interactions with local authorities or utilities specific to Skåne and Trelleborg.

How long does it take to close a project finance transaction in Sweden?

Typical timelines range from 3 to 9 months, depending on procurement rules, lender due diligence, and the complexity of the security package.

What costs should I expect for legal services in a project finance deal?

Costs vary by deal size and complexity. Expect fees for due diligence, document negotiations, and security arrangements, plus potential hourly rates or fixed milestones.

Can public procurement laws affect a project financed project in Sweden?

Yes. If a public body is a party or if competitive bidding applies, LOU may govern the procurement process, evaluation, and awarding of contracts.

Should I get a security package including pantbrev and företagsinteckning?

Security arrangements are crucial. A Swedish advokat can tailor a package that aligns with lender demands and asset classes involved in the project.

Do I need regulatory permits or licenses for the project in Sweden?

Yes. Projects like energy or infrastructure may require environmental, planning, and sector-specific permits managed by local authorities in Skåne and at the national level.

What is the role of Finansinspektionen in project finance deals?

Finansinspektionen oversees financial market stability and compliance by lenders and key participants. It may review financing structures and disclosures for regulated lenders.

How much due diligence is typical for a project finance deal?

Due diligence typically covers technical, legal, environmental, tax, and financial aspects. It can take several weeks to a few months depending on project complexity.

Is arbitration or litigation more common for project finance disputes in Sweden?

Arbitration is commonly preferred for cross-border deals due to neutrality and enforceability, but litigation may be used for certain disputes under Swedish law.

What's the difference between a project company and a SPV in Sweden?

A project company is often a SPV created specifically to own and operate the project. It isolates project risk and simplifies lenders’ collateral and cross-default considerations.

5. Additional Resources

• Riksdagen - Official source for Swedish Acts and legislative texts, including the Aktiebolagslagen and Lagen om offentlig upphandling. Visit: riksdagen.se
• Finansinspektionen - Swedish financial regulator providing guidance on financial market conduct and supervisory expectations for lenders and financing parties. Visit: fi.se
• TED - Tenders Electronic Daily - European public procurement notices and procurement opportunities that may affect cross-border project finance. Visit: ted.europa.eu

6. Next Steps

1. Clarify the project scope and financing model. Define expected, cash-flow profiles and key milestones. Complete a high-level risk allocation plan within 1 week.
2. Identify whether the project involves public procurement or public partners in Trelleborg. Review applicable public procurement requirements within 2 weeks.
3. Engage a local advokat with project finance experience in Skåne and specifically in Trelleborg. Schedule an initial consultation within 2 weeks of scope finalization.
4. Prepare a high-level term sheet, noting preferred security structure, SPV setup, and inter-creditor arrangements. Target draft within 3-4 weeks of engagement.
5. Initiate due diligence with the legal, technical, environmental, and tax teams. Allow 4-8 weeks for preliminary findings and draft fixes.
6. Draft and negotiate the lending documentation and security package with lenders. Allocate 6-12 weeks for negotiation depending on lender groups.
7. Finalize contracts and obtain required regulatory or municipal approvals. Plan for potential additional approvals over 4-8 weeks.