Tag Archives: PPP

No Quarter for PPP Lenders

Much ink has been spilled in recent weeks about how some recipients of Paycheck Protection Program (“PPP”) relief obtained their loans through mistakes or false pretenses. Now banks are coming under fire for their lending practices in connection with this hastily prepared and implemented program, which left them grappling with how to properly issue loans in the face of procedural and substantive gaps in the law. Many lenders tried to fill these gaps by supplementing the PPP application to address practical concerns not covered in the law. Two recent cases, however, demonstrate that banks may face legal exposure for supplementing the applicant eligibility requirements published by the Small Business Association (“SBA”). Prudent lenders would do well to consider with counsel the best ways to avoid becoming entangled in such matters.

Read full article
ILN Today Post

Revisiting Dispute Resolution Mechanisms

It is important for the government to develop an efficient dispute resolution mechanism to prevent the slowdown of PPP projects.

The private sector brings with it the benefit of private funding of the projects and efficiency of operations. ‘Public-Private Partnership’ (PPP) has been a relatively flourishing model for infrastructure development in India. In PPP, the concession agreement is signed between two parties i.e., the authority and the private party, viz., concessionaire, where the private party is elected through the process of open competitive bidding.

PPP Article in Infrastructure 230816

Read full article

What is the relationship between PPP and concessions? 2016/3/25 15:32:30

From fledgling concessions to PPP that is sweeping the country today, there are two major sets of regulations to be followed: one being regulations for concessions led by the National Development and Reform Commission (“NDRC”) and the other the series of regulations for PPP led by the Ministry of Finance (“MoF”).  However, to date, there is still not one law that expressly defines the relationship between the two, resulting in much confusion and many impediments in practice.  The relationship between concessions and PPP is an issue currently desperately needing clarification.

The NDRC holds, in the Guiding Opinions on Launching Public-Private Partnerships, that the operational methods for the PPP model include concessions, government procurement of services, equity cooperation, etc.  

Read full article
ILN Today Post

PUBLIC-PRIVATE PARTNERSHIPS (P3s) A PRIMER

Denis Chamberland*
Interest by municipalities in public-private partnerships (P3s) has been growing in the last few years. Five years ago the Federation of Canadian Municipalities pegged the municipal infrastructure backlog at $123 billion (see Danger Ahead: The Coming Collapse of Canada’s Municipal Infrastructure, November 2007). While some significant municipal investments to renew and develop infrastructure have occurred in the last five years, the Canadian Council for Public-Private Partnerships (Council) estimates that the need for infrastructure is even more critical today (see Public-Private Partnerships: A Guide for Municipalities, November 2011). More…

Read full article

Public-Private Partnership Bill sponsored by Miguel Diaz de la Portilla signed by Florida Govenor Scott

Arnstein & Lehr

Miguel Diaz de la Portilla

On July 23, Florida Governor Rick Scott signed House Bill 85, relating to public-private partnership, alongside one of the bill’s sponsors, Arnstein & Lehr Miami Partner and State Senator Miguel Diaz de la Portilla. HB 85 relates to the public-private partnership to help streamline the process to create private investment opportunities toward public projects. It also created a commission that establishes consistent guidelines for public private partnership selection and review procedures. In addition, it outlines financing provision to allow public entities to lend funds to private enterprises and to use federal loans and commercial loans. “Governor Scott’s mission is to create a job for every Floridian who wants one. Our public-private partnership legislation will create even more job opportunities for families in Miami-Dade and all across Florida,” said Miguel at the signing.

To view photos from this event, please click here.

Read full article

Ronald Fieldstone to speak at fcp3 conference on EB-5 funding

Arnstein & Lehr

Ronald Fieldstone

Arnstein & Lehr Miami Partner Ronald R. Fieldstone is scheduled to speak at the May 16-17 Florida Council for Public Private Partnerships (FCP3) Spring Conference in Orlando.  Mr. Fieldstone is presenting the topic “EB-5 Financing.” The FCP3 provides educational content, case studies, relationship development and networking, and other programs to stimulate public/private partnerships in Florida and help its members start to do business with each other.

Read full article