11 January 2022
- The previous version of paragraph 4 of the Article 9 of the PPP Law prohibited transfer of the payment of compensation of investment costs under PPP agreement to earlier periods.
- The new version of paragraph 4 of the Article 9 of the PPP Law allows transfer of the payment of compensation of investment costs to earlier periods in case of early commissioning of a PPP facility without reducing the total payment period with maintaining the uniformity of compensation of investment costs.
QUALIFICATION REQUIREMENTS:
Own funds:
- The previous version of paragraph 1 of the Article 32 of the PPP Law provided that in order to participate in a tender (auction) or direct negotiations a potential private partner had to have its own funds, amounting to at least 20% of the value of a PPP facility.
- The new version of paragraph 1 of the Article 32 of the PPP Law allows a potential private partner to have its own funds or own and borrowed funds, amounting to at least 20% of the value of a PPP facility.
Qualification requirements for a newly established legal entity:
- Article 32 of PPP Law introduces a new paragraph on special qualification requirements for a potential private partner which is a legal entity newly established for the implementation of a PPP project.
CHANGE OF MATERIAL TERMS OF PPP AGREEMENT
- Paragraph 1-1 of Article 46 has been revised. The previous version of the paragraph contained mandatory conditions that should be met in order to be able to amend material terms of a PPP agreement by mutual consent of the parties.
- According to the amended version of the paragraph, parties are able to amend the material terms of a PPP agreement by mutual consent without complying with such conditions in case when a PPP agreement stipulated such changes at the time of its conclusion.
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For further information, please contact:
Saniya Perzadayeva, Managing Partner, Unicase Law Firm
saniya.p@unicaselaw.com
