BCC refers to a Business Cooperation Contract, while Build-Transfer-Operate is commonly abbreviated BTO. These are different concepts. The intended structure must be clarified before a legal assessment can be meaningful.
Determine which arrangement is proposed
A business cooperation contract sets out cooperation between investors without creating a new economic organization for that arrangement. A BTO infrastructure project involves a different public-private project structure. The parties, project and legal framework should be identified rather than combining the two descriptions.
Draft terms for the correct structure
For a BCC, examine contributions, coordination, sharing of results, accounting, liabilities and exit. For an infrastructure proposal, review the applicable PPP framework, project selection and contract requirements. Neither label by itself establishes approval, bankability or a right to begin operations.
Documents and questions to prepare
For an assessment of BCC and BTO investment structures, organize the following records where relevant. Identify anything that is missing and explain whether an original, copy or translation is available.
- Project description.
- Party and investor records.
- Proposed cooperation structure.
- Contribution and revenue plan.
- Draft contract and approval history.
Planning legal support for BCC and BTO investment structures
An investment plan should connect the legal structure with the way the business will operate. Prepare a responsibility list for approvals, contribution evidence, corporate decisions and continuing requirements. A procedure applying to one project or sector should not be assumed to apply unchanged to another. Advice should explain which conditions are confirmed, which documents remain outstanding and which decisions require further technical, financial or legal input before the investor commits funds.
Jurion & Partners can review the information you provide, identify the questions requiring further analysis and discuss an appropriate scope of legal assistance. Before work begins, agree the documents to be reviewed, the immediate priorities and the steps included in the engagement.
Need advice on BCC and BTO investment structures? Discuss your matter with Jurion & Partners and prepare the documents for a focused review of your options and next steps.
