Melhores Advogados de Financiamento de Projetos em Curvelo

1. About Financiamento de Projetos Law in Curvelo, Brasil

Financiamento de Projetos, or project finance, is a financing structure used to fund large infrastructure and industrial projects based on the project’s cash flow rather than the sponsor’s balance sheet. In Curvelo, as in the rest of Brazil, these deals typically rely on a dedicated Special Purpose Vehicle (SPV) that owns the project assets and borrows money secured by project revenues and assets. The legal framework combines federal, state, and municipal rules to govern contracting, licensing, and financing of such ventures.

Brazilian project finance often involves long-term bank loans, export credit, and development bank support, with lenders requiring robust risk allocation, performance guarantees, and thorough due diligence. For Curvelo investors and developers, this means coordinating procurement, environmental licensing, and contractual risk with public and private partners. A qualified lawyer helps translate project economics into enforceable, compliant agreements.

Key takeaway: Project finance in Curvelo hinges on clear SPV structures, revenue-based repayment, and careful alignment with public procurement and licensing rules to secure lender confidence and project success.

2. Why You May Need a Lawyer

• Preparing a PPP or Concession in Curvelo: A municipal PPP for Curvelo’s water, sanitation, or road works requires precise drafting of the contract, risk sharing, and bidding procedures under Brazilian law. An attorney helps design the agreement to meet regulatory standards and lender expectations.
• Raising BNDES or bank financing: Securing project finance in Curvelo typically involves SPV formation, collateral packages, and compliance checks with lenders and development banks. A lawyer coordinates due diligence and documents the partnership structure to satisfy lenders.
• Obtaining environmental licenses: Projects in Curvelo often need federal and state environmental licenses from agencies such as IBAMA or the MG environmental agency. Counsel ensures licensing timelines align with project schedules and avoids regulatory delays.
• Contracting with a private partner or contractor: Large works contracts require robust indemnities, change orders, and risk allocation for delays and cost overruns. A legal advisor drafts and negotiates these provisions to protect your interests.
• Managing contractual defaults or restructurings: If a project experiences cost overruns or revenue shortfalls, you may need to restructure debt or modify covenants. A lawyer can guide negotiations and preserve lender confidence.
• Compliance with new bidding rules: Brazil has modernized procurement rules under Lei 14.133/2021, affecting how Curvelo public entities procure projects. Legal counsel helps ensure bids and contracts comply from the outset.

3. Local Laws Overview

Brazilian project finance in Curvelo is shaped by federal frameworks that set minimum standards for PPPs, concessions, and public procurement, as well as state and municipal practices. Below are 2-3 key laws that commonly govern these transactions nationwide and in Curvelo.

• Lei n° 11.079, de 30 de dezembro de 2004 (PPP Law) - This statute governs public private partnerships and civil concessions, including contract types, bidding procedures, and risk allocation between public and private partners. It provides the legal basis for structuring PPP projects in municipalities like Curvelo and for securing project finance.
• Lei n° 14.133, de 1º de abril de 2021 (Nova Lei de Licitações e Contratos) - This is the modern public procurement law that updates bidding rules and contracts for public works, including PPPs and concessions. It replaces portions of the older regime and aligns procurement with contemporary governance standards.
• Lei n° 8.987, de 13 de fevereiro de 1995 (Concessões e Permissões) - Governs the concessão e permissão de serviços públicos, including framework terms, performance criteria, and tariff regulation. It remains a reference for non-PPP concessions and related financing structures.

Recent trends show increasing use of PPPs and project finance for infrastructure in Minas Gerais, with alignment to federal procurement reforms. For Curvelo, this means that projects involving water, energy, and transportation may pursue PPP or concession models under these laws, with careful attention to licensing and tendering requirements.

For PPPs and concessions in Brazil, the framework is primarily established by Law 11.079/2004. Planalto.gov.br

The 2021 reform Law 14.133/2021 modernizes licitations and contracts including PPPs, and is applicable to new procurements in Curvelo and across Minas Gerais. Planalto.gov.br

Concessions and public services contracts are also regulated by Law 8.987/1995, which remains a touchstone for non-PPP concession projects. Planalto.gov.br

4. Frequently Asked Questions

What is project finance and how does it apply to Curvelo?

Project finance funds a project based on its cash flow, using an SPV to isolate risks. In Curvelo, lenders focus on the project’s revenue prospects and asset quality rather than the sponsor’s overall balance sheet.

How do I start a project in Curvelo under Brazilian law?

Start with a feasibility study, select a procurement path (PPP, concession, or conventional project), and assemble a lead team including a project finance attorney. You will need to draft a term sheet, governance plan, and a regulatory compliance map.

What documents are typically required for BNDES financing?

Common documents include the project’s financial model, SPV formation documents, plans and licenses, environmental permits, and lender-ready contracts. A lawyer coordinates due diligence and document alignment.

How long does a Curvelo project finance deal usually take?

From initial concept to closing, deals often require 6 to 18 months. Timelines depend on licensing, tendering outcomes, due diligence depth, and lender conditions.

Do I need a lawyer to pursue financing in Curvelo?

Yes. A lawyer helps with SPV setup, contract drafting, regulatory compliance, and lender negotiations. This reduces the risk of late licensing or bad covenant terms.

What is SPV and why is it used?

SPV is a Special Purpose Vehicle created to own the project assets and debt. It isolates project risk from sponsors and enables lenders to rely on project cash flows.

Can a municipality in Curvelo use private financing for infrastructure?

Yes, through PPPs or concessions under federal and state rules. Municipal finance teams work with private partners to structure long-term agreements and revenue mechanisms.

What is the difference between project finance and a traditional bank loan?

Project finance relies on project assets and revenues, not general corporate assets, for repayment. Traditional loans depend more on sponsor credit and overall financial strength.

What risks should I expect in Curvelo project finance deals?

Key risks include counterparty performance, construction delays, regulatory licensing, and revenue shortfalls. Proper risk allocation in contracts helps mitigate these concerns.

Have there been recent changes affecting Curvelo PPPs?

Yes, the 2021 Lei 14.133/2021 updates procurement rules for PPPs and concessions. Local practice increasingly follows these standards for new projects.

Do environmental licenses need to be completed before financing?

Often yes. Federal and state environmental licensing is typically a prerequisite for project finance. Delays can impact funding and execution timelines.

Can foreign investors participate in Curvelo project deals?

Yes, Brazilian law permits foreign investment in project finance. Investors usually participate via the SPV and require local compliance and licensing standards.

5. Additional Resources

Access official sources for project finance guidance and regulatory requirements relevant to Curvelo and Minas Gerais:

• Banco Nacional de Desenvolvimento Econômico e Social (BNDES) - Provides long-term financing for infrastructure and projects via specialized programs and credit facilities. BNDES
• Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis (IBAMA) - Federal licensing authority for environmental clearances required for many projects. IBAMA
• Secretaria de Desenvolvimento Econômico de Minas Gerais - State-level economic development guidance and procurement practices in Minas Gerais, aligning with federal rules. MG Economia

6. Next Steps

1. Define the project scope and determine if a PPP, concession, or traditional project is the best fit for Curvelo's needs. Create a high level business case and risk matrix.
2. Assemble a core team including a project finance attorney, an financial advisor, and a technical consultant. Confirm SPV structure and initial governance draft.
3. Gather preliminary documents such as site licenses, environmental permits, basic design, and market studies. Begin a high level due diligence checklist with your lawyer.
4. Prepare a term sheet outlining key economics, risk allocations, and milestones. Use this as the basis for negotiations with public authorities and lenders.
5. Engage with lenders and public partners early to align expectations on procurement rules under Lei 14.133/2021 and PPP guidelines. Plan for a transparent bidding process.
6. Finalize contracts and obtain necessary licenses. Complete environmental licensing and land use clearances prior to closing the financing.
7. Proceed to close with all required covenants, security interests, and project milestones in place. Establish post-closing governance and monitoring mechanisms.