Due diligence
The purpose of this note is to outline the general issues that should be addressed by the local lawyer in the "legal due diligence" exercise relating to preparation of a PPP management contract for…
Assets selection and eligibility criteriaBankabilityIn simple terms, the bankability of an asset refers to the willingness of fund providers to fund against such asset as collateral. Bankability is…
Module 4 of the Annex in Asset Recycling.This module sets out sector-specific asset recycling guidelines for the ports sector, including sector-specific due diligence requirements, sample risk…
Module 3 of the Annex in Asset Recycling.This module sets out sector-specific asset recycling guidelines for toll roads sector, including sector-specific due diligence requirements, sample risk…
Module 2 of the Annex in Asset Recycling.This module sets out sector-specific asset recycling guidelines for power generation sector, including sector-specific due diligence requirements, sample risk…
Module 1 of the Annex in Asset Recycling.Many airports are owned and operated by government bodies, such as ministries or state-owned enterprises. Airports are highly valuable assets, which serve not…
Valuation of the asset is conducted to estimate and determine the fair value of the upfront fee that a bidder may pay to the Relevant Authority (or any other form of consideration).This is a crucial…
The Relevant Authority should be required to disclose environmental requirements (permits, standards, etc.), risks, issues, liabilities, compliance status. Climate risk disclosure can help raise…
Besides the technical, commercial, financial and legal due diligence, other assessment includes accounting and tax due diligence, which should consider the following:Accounting due diligenceIdentify…
OverviewPrescriptive due diligence outputs are primarily focused on describing the legal aspects of structuring options in relation to the descriptive due diligence outputs.The output of the…
OverviewDescriptive due diligence outputs are focused on describing the current legal aspects relevant to the Relevant Authority and the asset as at the review date. This description is without…
Conducting due diligence with respect to the legal and regulatory context requires a review of the laws, regulations and policies affecting the Relevant Authority and the asset.Areas covered may…
Legal due diligence in connection with an asset recycling transaction preparation covers the main topics listed below.Review of legal and regulatory context (in relation to the laws, regulations and…
The financial due diligence should cover the analysis of the asset’s historical and projected financial performance. This will provide the Relevant Authority with an indication of the capital…
The coverage of the commercial due diligence process is represented in the diagram below:Figure 2: Commercial Due Diligence Coverage Demand/ Patronage/Traffic Assessment An assessment…
The objective of the technical due diligence is to identify potential technical issues with respect to the asset. This exercise should form the basis for determining the scope for management,…
table tr th, table tr td { border:1px solid #ffffff; padding:10px } The Relevant Authority should conduct asset due diligence as part of the transaction preparation leading up to the asset…
At the project preparation stage, the Relevant Authority should conduct the following activities:Recruit and engage advisors, including financial, technical, legal, and other advisors (such as,…
Potential damage to the environment and the impact on populations are key issues when planning infrastructure projects. Besides the cost-benefit analysis that determines whether the expected benefits…
I. Project Background1.1 The [Lender](“LENDER”) is considering providing limited recourse long term financing for the development, construction and operation of a 65 MW wind farm (the “Project”).1.2…
Aspectos generalesEl período de referencia permite al Operador determinar, con la participación de la autoridad adjudicadora, el caso base de desempeño y las condiciones del activo durante una etapa…
Government OrganizationWhat institutions are involved in the approval and award of PPP Projects?What role are any existing PPP units playing?Is there a clear process for identifying, carrying out…
When preparing or reviewing Public-Private Partnership (PPP) project documents, it is useful to have access to comprehensive, sector-specific checklists.These checklists help ensure that critical…