BRANDHOFF OBERMÜLLER PARTNER is the leading firm in Germany for worldwide legal and tax consultancy involving photovoltaics. We are also highly valued for our considerable expertise in the other areas of the renewables industry, especially as they relate to wind energy and solar-thermal technologies.
We developed this unparalleled industrial, financial and technical expertise by serving as managing directors, heads of legal departments, heads of M&A, corporate counsel, project managers and tax consultants within prominent companies involved in the renewable energy sector.
We represent a wide range of diverse clients in Germany and abroad including:
- investors and facility operators, such as investment companies and asset managers;
- component manufacturers, systems providers and project engineers;
- governments, public institutions and governmental organizations;
- private institutions and professional associations; and,
- law firms and other consulting firms.
We provide orderly, efficient and effective counsel on all legal and tax-related matters involving projects and transactions, and will resolutely support your regular business operations in the process. We currently provide on-going support to projects and transactions in the renewable energy market in Germany and 15 countries in Europe, the Middle East, Africa, Asia, North America and South America. Our clients are catered with the full range of support necessary at all stages of a project including the preliminary assessment, legal and tax structuring of the project, the performance of due diligence, the negotiation, drafting and execution of contractual agreements, the financing and set-up of collaterals/securities, project management, regulatory approval and “closing”, as well as operation and maintenance.
For many years, we have successfully represented the interests of our clients in the negotiation and drafting of all contracts incidental to the renewable energy industry, such as:
- power purchase agreements (PPA);
- EPC contracts (engineering, procurement and construction);
- contracts with general and sub-contractors;
- acquisition agreements for special-purpose-companies/vehicles (SPA/SPVs) or power plants;
- installation and construction agreements;
- international procurement contracts;
- lease agreements;
- operation and maintenance agreements (O&M);
- easements and servitudes; as well as
- loan and other financing agreements.
Another core area of our renewable energies practice is the diligent representation of our clients when conflicts arise in the course of business. In such cases, we pride ourselves on our ability to apply our understanding of the business world the provision of efficient, cost-effective and satisfactory resolutions. This representation may cover:
- the assertion of and defense against claims for damages or liability for defective products;
- the handling of complex structural damage cases;
- claim management services; or,
- representation in worker’s compensation and product liability proceedings.
We are experienced in the legal restructuring of solar power plants, wind parks and other types of renewable energy assets, as well as in the assessment of cross-border legal issues pertaining to value-added tax, income tax, corporate tax and international tax law.
Finally, in cooperation with our partner, TCS (Treuhand Steuerberatungsgesellschaft mbH), we prepare annual financial statements, accountancy documents and tax returns for project-specific companies, so-called Special Purpose Entity or Vehicle (SPE/SPV) companies.
In short: We offer specialized legal and tax advice under one roof.
The BEE is Germany’s premier umbrella organization in the renewable energy sector and represents 39 business and professional associations from the hydropower, wind energy, bio-energy, solar energy, and geothermal energy industries with a total of over 30,000 individual members and companies.
BRANDHOFF OBERMÜLLER PARTNER is also one of only two law firms which are full members of SolarPower Europe.
SolarPower Europe grew out of the EPIA (European Photovoltaic Industry Association) and is a member-led association representing European organizations at all points of the value chain, with the aim of creating a regulatory environment and improving business opportunities for solar power in Europe.
In addition, BRANDHOFF OBERMÜLLER PARTNER is also a full member of the Bundesverband Solarwirtschaft (German Solar Industry Association).
The Bundesverband Solarwirtschaft e.V. (BSW-Solar) represents the interests of the German solar industry. The history of the association and its predecessors dates back over 30 years. BRANDHOFF OBERMÜLLER PARTNER and the BSW are collaborating on several projects.