The $899 million Pennsylvania Rapid Bridge Replacement Project financial close marks a significant development for public-private partnerships in the US. It involves the largest road project in Pennsylvania history and arranged the largest Private Activity Bond financing for a P3 project in the US. The project bundles publicly owned bridge assets under a single construction contract and shares permitting risks between PennDOT and the private sector partner. It also establishes workforce requirements to benefit local communities. The success of the project's permitting process will be key as other states may pursue similar approaches.
Olswang Construction Law Masterclass - October 2014 - Liqudated Damages and P...Francis Ho
This document discusses liquidated damages clauses in construction contracts. It defines liquidated damages as a pre-determined sum payable in the event of a specified breach of contract, and explains that they aim to provide a genuine pre-estimate of loss to avoid disputes over damages calculations. The document outlines reasons for using liquidated damages clauses and defenses against them, and analyzes how courts determine whether a clause imposes a penalty rather than reasonable damages. It also discusses implications if a challenge to liquidated damages succeeds.
William Kosar What Every Budget Officer Should Know_RwandaWilliam Kosar
This document provides an overview of key contract information for budget officers. It discusses types of contracts including public contracts, general conditions of contracts, and public-private partnerships. It also covers memorandums of understanding, performance guarantees, bid rigging, and types of resource exploration contracts like production sharing agreements and power purchase agreements. Checklists are recommended to ensure all important contract details are included. The dangers of memorandums of understanding being non-binding are outlined, and performance guarantees using letters of credit or bonds are described. Finally, common forms of bid rigging like cover bidding, bid suppression, bid rotation, and market allocation are defined, along with warning signs of anti-competitive bidding practices.
The document discusses key topics in construction law and contracting, including types of contracts, important contract clauses, bonds, subcontractor issues, and damages. It covers firm fixed price contracts, scope of work clauses, change orders, site conditions responsibility, termination notices, notice of claims provisions, arbitration, attorney's fees, liability insurance, bid and performance bonds, flow down clauses, pay when paid clauses, mechanics' liens, no damage for delay clauses, and liquidated damages. The presentation aims to provide construction law basics and contracting tips.
2017 AICM Credit Symposium - Australian Institute of Credit ManagementMark Harley
Unfair Contract Terms – generally and amendments for B2B protection (with some exceptions)
Insolvency Law Reform Amendments – amendment to the definition of “relation-back day” for purpose of the Corporations Act
Dealing with Trust Assets of Corporate Trustees in Liquidation
Update on Construction Insurance, Bonds and Guarantees - Francis Ho - Olswang...Francis Ho
This document summarizes key topics from the Construction Law Conference 2015 including:
1) Recent trends in insurance, bonds, and guarantees in construction including BIM, cyber liability, integrated project insurance, and court cases.
2) The upcoming Third Party (Rights Against Insurers) Act 2010 and Insurance Bill which will impact third party claims against insurers.
3) Details on the "fair presentation of risk" and other provisions in the Insurance Bill regarding disclosure obligations and remedies for non-disclosure.
This document provides an overview of key concepts regarding written contracts, including:
1. It outlines 10 learning objectives related to the Statute of Frauds, contracts that must be in writing, contents of required writings, and legal rules for written contracts.
2. It describes the Statute of Frauds as the law requiring certain contracts to be in writing, and lists the types of contracts that must be in writing, such as contracts that cannot be completed within one year.
3. It explains legal rules for written contracts, including the standard construction rule for interpreting contracts, the parol evidence rule regarding oral statements made before signing, and exceptions to the parol evidence rule.
The Case for Standard Forms of Construction ContractTom Joseph Mukasa
A public lecture presentation on 8 July 2016 by Tom Joseph Mukasa, (sponsored by the Institution of Surveyors of Uganda) at Kyambogo University, Kampala - Uganda.
The $899 million Pennsylvania Rapid Bridge Replacement Project financial close marks a significant development for public-private partnerships in the US. It involves the largest road project in Pennsylvania history and arranged the largest Private Activity Bond financing for a P3 project in the US. The project bundles publicly owned bridge assets under a single construction contract and shares permitting risks between PennDOT and the private sector partner. It also establishes workforce requirements to benefit local communities. The success of the project's permitting process will be key as other states may pursue similar approaches.
Olswang Construction Law Masterclass - October 2014 - Liqudated Damages and P...Francis Ho
This document discusses liquidated damages clauses in construction contracts. It defines liquidated damages as a pre-determined sum payable in the event of a specified breach of contract, and explains that they aim to provide a genuine pre-estimate of loss to avoid disputes over damages calculations. The document outlines reasons for using liquidated damages clauses and defenses against them, and analyzes how courts determine whether a clause imposes a penalty rather than reasonable damages. It also discusses implications if a challenge to liquidated damages succeeds.
William Kosar What Every Budget Officer Should Know_RwandaWilliam Kosar
This document provides an overview of key contract information for budget officers. It discusses types of contracts including public contracts, general conditions of contracts, and public-private partnerships. It also covers memorandums of understanding, performance guarantees, bid rigging, and types of resource exploration contracts like production sharing agreements and power purchase agreements. Checklists are recommended to ensure all important contract details are included. The dangers of memorandums of understanding being non-binding are outlined, and performance guarantees using letters of credit or bonds are described. Finally, common forms of bid rigging like cover bidding, bid suppression, bid rotation, and market allocation are defined, along with warning signs of anti-competitive bidding practices.
The document discusses key topics in construction law and contracting, including types of contracts, important contract clauses, bonds, subcontractor issues, and damages. It covers firm fixed price contracts, scope of work clauses, change orders, site conditions responsibility, termination notices, notice of claims provisions, arbitration, attorney's fees, liability insurance, bid and performance bonds, flow down clauses, pay when paid clauses, mechanics' liens, no damage for delay clauses, and liquidated damages. The presentation aims to provide construction law basics and contracting tips.
2017 AICM Credit Symposium - Australian Institute of Credit ManagementMark Harley
Unfair Contract Terms – generally and amendments for B2B protection (with some exceptions)
Insolvency Law Reform Amendments – amendment to the definition of “relation-back day” for purpose of the Corporations Act
Dealing with Trust Assets of Corporate Trustees in Liquidation
Update on Construction Insurance, Bonds and Guarantees - Francis Ho - Olswang...Francis Ho
This document summarizes key topics from the Construction Law Conference 2015 including:
1) Recent trends in insurance, bonds, and guarantees in construction including BIM, cyber liability, integrated project insurance, and court cases.
2) The upcoming Third Party (Rights Against Insurers) Act 2010 and Insurance Bill which will impact third party claims against insurers.
3) Details on the "fair presentation of risk" and other provisions in the Insurance Bill regarding disclosure obligations and remedies for non-disclosure.
This document provides an overview of key concepts regarding written contracts, including:
1. It outlines 10 learning objectives related to the Statute of Frauds, contracts that must be in writing, contents of required writings, and legal rules for written contracts.
2. It describes the Statute of Frauds as the law requiring certain contracts to be in writing, and lists the types of contracts that must be in writing, such as contracts that cannot be completed within one year.
3. It explains legal rules for written contracts, including the standard construction rule for interpreting contracts, the parol evidence rule regarding oral statements made before signing, and exceptions to the parol evidence rule.
The Case for Standard Forms of Construction ContractTom Joseph Mukasa
A public lecture presentation on 8 July 2016 by Tom Joseph Mukasa, (sponsored by the Institution of Surveyors of Uganda) at Kyambogo University, Kampala - Uganda.
The document discusses various topics related to agriculture including definitions, farming systems, types of farming, and crops. It defines agriculture as activities that transform the environment for production of plants and animals. Farming systems involve inputs like seeds, fertilizers, and labor and outputs like crops. Types of farming discussed include subsistence, commercial, shifting cultivation, nomadic herding, and plantation farming. Crops mentioned include rice, wheat, millets, maize, cotton, jute, coffee, tea, and others. Agricultural development aims to increase farm production through methods like increasing cropped area and use of improved seeds and irrigation. Examples of farms in India and the US are also provided.
El documento discute que de acuerdo a las Escrituras, todas las cosas fueron creadas por Yahweh el Elohim verdadero. Explica que para Yahweh, un día podría equivaler a casi 7,000 años, por lo que la teoría de la creación se remonta a casi 7,000 años, no solo un día literal. Finalmente, proporciona una breve descripción de los seis días de la creación según el relato bíblico.
This document lists all 50 U.S. states in alphabetical order. It then asks the reader to name the longest river in the world and provides the clue that Niagara Falls is a famous place and its country.
MosnarCommunications.com 2014 Early Bird Sponsor Ultisky Inc
This document outlines spring and summer sponsorship opportunities for "Luxury Content Marketing" on MosnarCommunications.com from March to August 2014. There are three sponsorship levels - Platinum for $25,000, Diamond for $15,000, and Gold for $10,000. The higher levels provide greater brand exposure through logo placement, promotions, and descriptions on the website and in emails to their affluent consumer database. Sponsorships aim to increase sales, drive leads, enhance the sponsor's image, and engage luxury audiences. Measurement of sponsor brand awareness and evaluation of consumer perception will also be provided.
Months of the year: Portuguese/EnglishAmanda Borba
This document lists the 12 months of the year from January to December written by Teacher Amanda Borba. It provides a simple listing of the months to help students learn the order and names of the months in a year. The document ends with praise and an emoticon for doing a good job learning the months.
This document provides information about AIESEC's Global Cultural Development Programme (GCDP) summit. It outlines the process flow for GCDP which includes research, promotions, selection, raising, engagement, and realization. It discusses ways to conduct research, promote GCDP using various media, customize the program based on academic fields, and set expectations during the selection process. The document aims to standardize the GCDP process and ensure high-quality participants are selected and prepared for their internships abroad.
Drain Water Heating Systems - Presented by Gary Proskiw of Proskiw Engineerin...Brea Perrelli
The document discusses drain water heat recovery (DWHR) systems, including what they are, their benefits, and a history of their use. It provides details on how DWHR systems work to recover heat from drain water and use it to preheat incoming cold water, and that the Manitoba building code now requires DWHR systems for most new homes to improve energy efficiency.
Congo las violaciones como campo de guerralilian-noni
La República Democrática del Congo ha sufrido conflictos violentos por el control de recursos naturales valiosos, durante los cuales las violaciones sistemáticas de mujeres se han utilizado como arma de guerra, con el cuerpo femenino como campo de batalla, debido a la lucha por el coltán, uranio, diamantes y zinc.
Project based learning. Students will plan a holiday. They'll have to think about how to get there, where to stay, places to visit, activities to do there and budget.
Smartphones are radically changing our lives and the audience for digital content has never been greater, especially among wealthier consumers who are in control. Mobile adoption of devices like the iPhone and tablets is growing rapidly and exceeding other platforms. Global mobile internet traffic and monetization are also growing quickly as mobile usage surpasses desktop in some countries. However, the revenue model is still shifting and newspapers remain the primary source of news for twice as many readers as internet users. This significant technological shift is leading to an asset-light environment with ubiquitous wireless access and unprecedented innovation set to transform media consumption by 2015.
Connor Edmonds presented an overview of the Oregon Records Management Solution (ORMS), an electronic records management system called TRIM that is used by several state agencies and local governments in Oregon. TRIM allows agencies to manage all records in a single system from creation to final disposition, making government more efficient while reducing litigation risks. Agencies use TRIM to categorize records according to retention schedules, control access to records by user or position, perform redaction of private information, and satisfy public records requests more easily. The system provides version control of documents and can track revisions over time.
A 22-year-old female presented with a swelling in her right neck below the jaw that had gradually increased in size over the past 2 years. On examination, a 4x3 cm cystic swelling was found below the mandible that was non-tender, fluctuant, and moved with swallowing. Based on examination, the doctor diagnosed an inframylohyoid dermoid cyst. Further tests like ultrasound and CT were planned to confirm. Surgical excision along skin creases in the submandibular region was planned as treatment.
Producción sobre concentrados protéicosSandra Otoya
El documento es una carta de Oceana dirigida al Director General de Políticas y Desarrollo Pesquero del Ministerio de la Producción de Perú, en la que presenta su opinión y comentarios sobre un Proyecto de Decreto Supremo relacionado con la actividad de procesamiento pesquero para la producción de concentrados proteicos. Oceana expresa su preocupación por la legalidad del proyecto y hace observaciones técnicas sobre aspectos específicos de la normativa propuesta.
A classe HttpSocket simplifica a comunicação com servidores externos por meio de métodos como GET, POST, PUT e DELETE. Ela permite fazer requisições HTTP de forma simples em aplicativos CakePHP, sendo uma alternativa ao CURL.
El documento describe un proyecto para mejorar el aspecto estético de una escuela primaria en México mediante la reforestación de sus espacios. El proyecto tiene los objetivos de generar conciencia ambiental en los estudiantes, embellecer la escuela y aprovechar espacios para nuevas plantas. Se incluye un plan de acción con actividades como la elaboración de material informativo, investigación de especies adecuadas y limpieza para la siembra de árboles y plantas.
Vietnam is seeking to develop public-private partnerships (PPPs) to help meet its large infrastructure needs, as the state budget can only fund about 50% of required investment. However, to date no major PPP projects have been successfully implemented due to issues with Vietnam's legal framework for PPPs, lack of viable projects in the pipeline, and lengthy negotiation times for projects. The government is working to address these challenges through a new PPP decree, a list of priority projects, and project preparation support facilities. But continued effort is needed to develop clear and stable regulations, conduct rigorous project assessments, and streamline approval processes to attract more private investment through PPPs.
The document discusses various topics related to agriculture including definitions, farming systems, types of farming, and crops. It defines agriculture as activities that transform the environment for production of plants and animals. Farming systems involve inputs like seeds, fertilizers, and labor and outputs like crops. Types of farming discussed include subsistence, commercial, shifting cultivation, nomadic herding, and plantation farming. Crops mentioned include rice, wheat, millets, maize, cotton, jute, coffee, tea, and others. Agricultural development aims to increase farm production through methods like increasing cropped area and use of improved seeds and irrigation. Examples of farms in India and the US are also provided.
El documento discute que de acuerdo a las Escrituras, todas las cosas fueron creadas por Yahweh el Elohim verdadero. Explica que para Yahweh, un día podría equivaler a casi 7,000 años, por lo que la teoría de la creación se remonta a casi 7,000 años, no solo un día literal. Finalmente, proporciona una breve descripción de los seis días de la creación según el relato bíblico.
This document lists all 50 U.S. states in alphabetical order. It then asks the reader to name the longest river in the world and provides the clue that Niagara Falls is a famous place and its country.
MosnarCommunications.com 2014 Early Bird Sponsor Ultisky Inc
This document outlines spring and summer sponsorship opportunities for "Luxury Content Marketing" on MosnarCommunications.com from March to August 2014. There are three sponsorship levels - Platinum for $25,000, Diamond for $15,000, and Gold for $10,000. The higher levels provide greater brand exposure through logo placement, promotions, and descriptions on the website and in emails to their affluent consumer database. Sponsorships aim to increase sales, drive leads, enhance the sponsor's image, and engage luxury audiences. Measurement of sponsor brand awareness and evaluation of consumer perception will also be provided.
Months of the year: Portuguese/EnglishAmanda Borba
This document lists the 12 months of the year from January to December written by Teacher Amanda Borba. It provides a simple listing of the months to help students learn the order and names of the months in a year. The document ends with praise and an emoticon for doing a good job learning the months.
This document provides information about AIESEC's Global Cultural Development Programme (GCDP) summit. It outlines the process flow for GCDP which includes research, promotions, selection, raising, engagement, and realization. It discusses ways to conduct research, promote GCDP using various media, customize the program based on academic fields, and set expectations during the selection process. The document aims to standardize the GCDP process and ensure high-quality participants are selected and prepared for their internships abroad.
Drain Water Heating Systems - Presented by Gary Proskiw of Proskiw Engineerin...Brea Perrelli
The document discusses drain water heat recovery (DWHR) systems, including what they are, their benefits, and a history of their use. It provides details on how DWHR systems work to recover heat from drain water and use it to preheat incoming cold water, and that the Manitoba building code now requires DWHR systems for most new homes to improve energy efficiency.
Congo las violaciones como campo de guerralilian-noni
La República Democrática del Congo ha sufrido conflictos violentos por el control de recursos naturales valiosos, durante los cuales las violaciones sistemáticas de mujeres se han utilizado como arma de guerra, con el cuerpo femenino como campo de batalla, debido a la lucha por el coltán, uranio, diamantes y zinc.
Project based learning. Students will plan a holiday. They'll have to think about how to get there, where to stay, places to visit, activities to do there and budget.
Smartphones are radically changing our lives and the audience for digital content has never been greater, especially among wealthier consumers who are in control. Mobile adoption of devices like the iPhone and tablets is growing rapidly and exceeding other platforms. Global mobile internet traffic and monetization are also growing quickly as mobile usage surpasses desktop in some countries. However, the revenue model is still shifting and newspapers remain the primary source of news for twice as many readers as internet users. This significant technological shift is leading to an asset-light environment with ubiquitous wireless access and unprecedented innovation set to transform media consumption by 2015.
Connor Edmonds presented an overview of the Oregon Records Management Solution (ORMS), an electronic records management system called TRIM that is used by several state agencies and local governments in Oregon. TRIM allows agencies to manage all records in a single system from creation to final disposition, making government more efficient while reducing litigation risks. Agencies use TRIM to categorize records according to retention schedules, control access to records by user or position, perform redaction of private information, and satisfy public records requests more easily. The system provides version control of documents and can track revisions over time.
A 22-year-old female presented with a swelling in her right neck below the jaw that had gradually increased in size over the past 2 years. On examination, a 4x3 cm cystic swelling was found below the mandible that was non-tender, fluctuant, and moved with swallowing. Based on examination, the doctor diagnosed an inframylohyoid dermoid cyst. Further tests like ultrasound and CT were planned to confirm. Surgical excision along skin creases in the submandibular region was planned as treatment.
Producción sobre concentrados protéicosSandra Otoya
El documento es una carta de Oceana dirigida al Director General de Políticas y Desarrollo Pesquero del Ministerio de la Producción de Perú, en la que presenta su opinión y comentarios sobre un Proyecto de Decreto Supremo relacionado con la actividad de procesamiento pesquero para la producción de concentrados proteicos. Oceana expresa su preocupación por la legalidad del proyecto y hace observaciones técnicas sobre aspectos específicos de la normativa propuesta.
A classe HttpSocket simplifica a comunicação com servidores externos por meio de métodos como GET, POST, PUT e DELETE. Ela permite fazer requisições HTTP de forma simples em aplicativos CakePHP, sendo uma alternativa ao CURL.
El documento describe un proyecto para mejorar el aspecto estético de una escuela primaria en México mediante la reforestación de sus espacios. El proyecto tiene los objetivos de generar conciencia ambiental en los estudiantes, embellecer la escuela y aprovechar espacios para nuevas plantas. Se incluye un plan de acción con actividades como la elaboración de material informativo, investigación de especies adecuadas y limpieza para la siembra de árboles y plantas.
Vietnam is seeking to develop public-private partnerships (PPPs) to help meet its large infrastructure needs, as the state budget can only fund about 50% of required investment. However, to date no major PPP projects have been successfully implemented due to issues with Vietnam's legal framework for PPPs, lack of viable projects in the pipeline, and lengthy negotiation times for projects. The government is working to address these challenges through a new PPP decree, a list of priority projects, and project preparation support facilities. But continued effort is needed to develop clear and stable regulations, conduct rigorous project assessments, and streamline approval processes to attract more private investment through PPPs.
VIETNAM - PUBLIC-PRIVATE PARTNERSHIPS – What you must know:Dr. Oliver Massmann
The document provides an overview of public-private partnerships (PPPs) in Vietnam and makes recommendations to promote the country's PPP program. It summarizes that Vietnam passed new PPP decrees in 2015 but faces challenges developing projects, including a lack of capacity and coordination among government agencies. It recommends developing a visible pipeline of priority projects, improving government capacity through training, and streamlining regulations to address inconsistencies and gaps regarding key issues like viability gap funding, land rights, and dispute resolution.
ISMED Training: PPP Fundamentals by Andrew Fitzpatrick, OECDOECDGlobalRelations
Presented at the Training Session on Public Private Partnerships organised by the MENA-OECD Investment Security in the Mediterranean (ISMED) Support Programme in September 2014.
jimmy stepanian | Real estate commercial financing ideas | Jim stepanian |Jimmy Stepanian
The document discusses various aspects of commercial mortgages, including:
1) Commercial mortgages always involve conveying a note and mortgage between the borrower and lender, with the note detailing financial obligations and the mortgage pledging the property as security.
2) Commercial mortgages are often partially amortized "balloon" loans with short maturities of 5-10 years to reduce the lender's interest rate risk.
3) Balloon loans are less sensitive to interest rate shocks than fully amortized 30-year loans.
How the Financial Crisis has Changed the Market for Public Private Partnershi...icgfmconference
“How the Financial Crisis has Changed the Market for
Public Private Partnerships (PPPs)”
Filip Drapak, Senior Specialist, World Bank Institute
Andy Wynne, Public Sector Financial Management Specialist
The panelists will describe the current context for PPP, outlining the key issues arising as a result of the financial crisis and providing guidance on what to do now and looking forward.
The moderator will open the floor to an open discussion to address questions such as:
What is the role of infrastructure and PPPs in economic renewal?
Is private sector investment in public infrastructure now a viable alternative to
direct public investment?
How does risk profile change as a result of the financial crisis?
What is the role of development agencies?
What actions should countries take now to capitalize on PPP opportunities?
This is the presentation on the subject of PPP that I gave at the British-Romanian Chamber of Commerce conference “Opportunities for PPP Finance” in London in February 2011.
VIETNAM – WATER PROJECTS – LAWS ON PUBLIC PRIVATE PARTNERSHIPS – GLOBAL WATER...Dr. Oliver Massmann
The new PPP law in Vietnam encourages foreign investment in water projects like wastewater treatment in several ways: it protects lenders' rights, provides clear investment incentives like land access, and establishes mechanisms for managing revenue risks and foreign currency. These wastewater treatment projects have been driven by environmental law changes and public needs, as Vietnam's population growth exceeds treatment capacity. Past projects primarily used a build-transfer or build-operate-transfer structure, and future projects are likely to be publicly procured by provincial authorities on that same model according to the expert interviewed.
Presentation "Auditing PPP- Lessons learned from the French experience" made during the SIGMA workshop on Auditing Public Private Partnerships and Concessions. Ankara, 2-3 May 2018. Presentation made by Frederic Angermann, SIGMA.
This article provides a general overview of current trends in relation to the implementation and financing of P3 infrastructure projects in Colombia, Mexico and Peru, three Latin American countries currently attracting a large volume of investment.
Steven Glaze Kansas City one of the bests building contractor. He focuses on amending an existing structure rather than building latest one. He mainly improves design or performance and increases the home’s value and makes it more adorable to buyers. Of his main functions architectonics, design, and arrangement are main.
A
Two-Way
Street
Public-private
partnership projects
can help emerging
economies fill
infrastructure gaps—
if governments
define a clear ROI.
BY SARAH FISTER GALE
ILLUSTRATION BY PETER AND MARIA HOEY
A
W M
f i m / /k
\ v $
11 M■■
■ jii Jia
nfrastructure projects help nations
build a better future. Emerging
economies need upgrades to roads,
railways, energy grids and broadband
networks in order to sustain
domestic growth. But these countries
face a particular conundrum: how
to build highways, power plants and
ports that will stimulate economic
development when public funds are
in short supply.
To make ends meet, many governments are
turning to public-private partnerships (PPPs). PPPs
allow the public sector to leverage private funding
and expertise to more rapidly plan, launch and
deliver infrastructure projects. In exchange, private-
sector partners are given long-term maintenance
and operation contracts that tu rn a profit.
“O n the face of it, PPPs are a great project model
to fill in the funding gaps these countries face,"
says Andy North, a former senior vice president of
strategic development and management in Kuala
Lumpur, Malaysia, for AECOM, a global design,
engineering and construction firm.
The global gaps are staggering. According to
McKinsey & Co., an estimated US$57 trillion will be
needed to finance infrastructure development around
the world through 2030, with much of that invest
ment needed in developing countries. Latin America
and the Caribbean, for example, will need more than
US$700 billion to double power-generation capac
ity by 2030, according to the U.S. Energy Informa
tion Administration. And sub-Saharan Africa needs
US$93 billion per year to address its infrastructure
shortfall, according to The World Bank.
Given these urgent needs, PPP projects hold
huge potential. But governments m ust clarify proj
ect roles, risks and ROI before private organizations
will be prepared to foot the bill.
A m o u n t t h a t w ill be nee d ed t o fin an c e
in fra s tru c tu re d e v e lo p m e n t aro u n d th e
w o r ld th r o u g h 2 0 3 0 , w it h m uch o f t h a t
in v e s tm e n t nee d ed in d e v e lo p in g c ou n trie s
Source: M c K fjS e y ifib o .
! trillionyear
A in o u n t s u b -S a h a ra n A fric a needs to
address its in fra s tru c tu re s h o rtfa ll
1 _ .Scarce TheWoild Bank : ,,V
"In a lot of cases, the private investors cannot
see how they will get the full cost recovery,” Mr.
North says.
PAVING THE WAY
To attract private-sector investments, governments
must paint a clear picture of what they bring to
the table. But this will be easier for some projects
than others. While energy and toll road initiatives
may offer a distinct ROI, projects to generate clean
drinking water or treat wastewater have less obvi
ous revenue streams once construction is complete.
Indeed, power projects are among the most
common types o ...
שמי עודד ווסוק, עורך דין.
אני בוגר תואר ראשון ושני במשפטים בהצטיינות עם התמחות במערכת האיראנית המודרנית.
כתבתי ספר ומאמרים שונים בהקשר לסוגיה האיראנית ובסוגית השבת הנכסים של האיראנים לאחר המהפכה.
הידע העמוק שלי אודות האקוסיסטם הישראלי והתרבות יהודית-פרסית, ממצבת אותי כאיש האמון לנושאים משפטיים ועסקיים.
אשמח לסייע לכם ביעוץ עסקי, נדל"ני ומשפטי.
A compendium of Adv. Oded Vosok (Kami) articles. Adv. Oded VOSOUK is an expert on the Persian language and culture, with vast experience in litigation, white collar, class actions and handling Iranian-Jews legal and commercial issues.
Adv. Kambiz (Oded) Vosouk was born in Iran and immigrated to Israel at the age of 14 and in the same year was awarded the matriculation certificate. He enlisted in the 8200 unit in the IDF and headed an intelligence research department and later participated in international projects of the Ministry of Defense and the Prime Minister's Office. He speaks Persian language and is author of a book for the study of the Persian language as well as published a number of various articles including on the restitution of the assets of the Iranians after the 79th revolution in Iran.
Kambiz holds a bachelor's and master's degree in law with honors and has worked in a number of very large law firms and also worked for a number of years as a lawyer in the legal department of the Ministry of the Environment. Kambiz is very active among the Iranian community and advises them in various areas of law.
אגודת מאמרים, מחשבות, חוות דעת ופרסומים מאת עו"ד עודד ווסוק, עורך דין מומחה לתרבות ולשפה הפרסית, עם נסיון רב בליטיגציה, צוארון לבן, תביעות ייצוגיות, איכות הסביבה וטיפול בעולי אירן.
Presented at the 4th Global Infrastructure Basel Summit 21 & 22 May 2014. Read more at www.gib-foundation.org.
Next Summit: 27 & 28 May 2015 in Switzerland
By John D. Kepler, David F. Larcker, Brian Tayan, and Daniel J. Taylor, January 28, 2020
Corporate executives receive a considerable portion of their compensation in the form of equity and, from time to time, sell a portion of their holdings in the open market. Executives nearly always have access to nonpublic information about the company, and routinely have an information advantage over public shareholders. Federal securities laws prohibit executives from trading on material nonpublic information about their company, and companies develop an Insider Trading Policy (ITP) to ensure executives comply with applicable rules. In this Closer Look we examine the potential shortcomings of existing governance practices as illustrated by four examples that suggest significant room for improvement.
We ask:
• Should an ITP go beyond legal requirements to minimize the risk of negative public perception from trades that might otherwise appear suspicious?
• Why don’t all companies make the terms of their ITP public?
• Why don’t more companies require the strictest standards, such as pre-approval by the general counsel and mandatory use of 10b5-1 plans?
• Does the board review trades by insiders on a regular basis? What conversation, if any, takes place between executives and the board around large, single-event sales?
Short summary
We identify potential shortcomings in existing governance practices around the approval of executive equity sales. Why don’t more companies require stricter standards to lessen suspicion around insider equity sales activity? Do boards review trades by insiders on a regular basis?
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1. South
East
Europe
Airport
Infrastructure
Forum
Zagreb,
June
2013
Dr.Thomas
Frankl
MD,
Airport
Development
Partners,
Geneva
Principal,
Brixton
Capital,
San
Diego
2.
3. THE
DOUALA
TRICK
* This
is
the
story
of
an
airport
PPP
told
from
the
perspective
of
a
member
of
the
Firefly
consortium
* A
purely
fictional,
subjective
and
subversive
account
* Any
resemblance
with
real
PPPs
would
be
entirely
coincidental
4. THE
DOUALA
TRICK
* The
CAST:
* The
government
of
Freedonia
(transport
ministry
and
PPP
agency);
* The
head
of
state
of
Azurria;
* Numerous
consultants
(PPP,
traffic
forecast,
…)
* 10
consortia,
two
of
which
are:
* The
Firefly
consortium
made
up
of
a
major
public
airport
operator,
a
leading
construction
firm
and
a
private
equity
fund
* The
Flyover
consortium
made
up
of
a
major
private
airport
operator,
a
leading
construction
firm
(in
which
the
government
of
Azurria
holds
11%)
and
a
finance
institution
5. Chapter
1
–
Early
Days
* It’s
early
2008,
before
the
global
financial
crisis
* Money
is
chasing
infrastructure
assets
* Infrastructure
PPP’s
are
drawing
record
interest,
achieving
record
prices
* They
have
come
to
be
accepted
as
the
‘friendlier
face’
of
privatization
* Government
of
Freedonia:
Our
capital
airport
is
a
(shame)
but
we
don’t
have
the
means
to
turn
it
into
what
it
should
be:
‘Let’s
do
a
PPP
!’
6. Chapter
1,
cont’d
–
Early
Days
* Traffic
forecasters
tell
the
government
what
it
wants
to
hear:
‘your
airport
has
the
potential
to
become
the
region’s
hub
before
your
bigger
archrival,
Sylvania,
will
be
able
to
–
‘build
the
infrastructure,
and
traffic
will
come’
* Freedonian
government
commissions
breath-‐
taking
design
for
a
landmark
airport
terminal
based
on
highly
aggressive
traffic
forecasts
* Heated
public
debate
amid
suspected
corruption
about
rigged
design
selection
process
* 25-‐year
BOT
tender
documentation
is
drafted
and
airport
PPP
consultants
hired
(on
a
part-‐
success
basis)
7. Chapter
2:
The
PP
Plot
Thickens…
* Global
recession
–
now
it’s
assets
chasing
money
and
even
‘worst
case’
traffic
forecasts
have
been
proven
too
optimistic
* PPP
projects
that
used
to
be
bankable,
aren’t
so
any
longer…
* …while
governments
are
more
in
need
than
ever
to
implement
PPP
pipelines
* Consequence
for
Freedonia’s
capital
airport:
cancel,
adapt
terms
&
conditions,
or
pretend
nothing
has
changed
* ‘We
stick
with
it
!
–
we
have
gone
through
worse
crisis
than
this
...’
8. Chapter
2,
cont’d
:
The
PP
Plot
thickens…
* Consultants
panic:
we
can’t
get
the
minimum
number
of
interested
parties
for
the
PQ
* So
they
tell
candidates:
‘don’t
worry,
Free-‐donia
will
finally
ease
up
on
the
conditions’
–
‘just
pre-‐
qualify
and
you
will
be
ok’
* They
also
make
the
PQ
criteria
fit
to
candidates
who
otherwise
wouldn’t
be
able
to
participate
9. Chapter
2,
cont’d
:
The
PP
Plot
thickens…
* Government
speaks
to
potential
interested
parties
* ‘We
like
your
project,
there
are
just
one
or
two
problems…’
(aka
show-‐stoppers)
* Future
bidders
start
high-‐profile
lobbying
campaigns,
one
head
of
state
* In
the
meantime,
the
global
crisis
has
led
to
a
credit
crunch,
many
banks
are
too
busy
avoiding
bankruptcy
10. Chapter
3:
Going
live
* Pre-‐qualification:
IM
and
supporting
documents
issued
–
full
of
errors,
contradictions
and
ambiguities
* Endless
rounds
of
Q&A’s,
requiring
multiple
deadline
extensions
* Consortia
realize
that
conditions
are
unchanged
–
they
attempt
to
change
them
via
the
Q&A
process
-‐
unsuccessfully
11. Chapter
3:
Going
live
* A
number
of
consortia
prequalify,
anyway:
‘we
are
in
a
better
position
this
way
when
the
tender
conditions
will
be
relaxed’
* The
short-‐listed
consortia
analyze
the
tender:
no
change.
‘We
can’t
make
this
work,
it’s
unbankable’
–
no
point
of
proposing
to
our
investment
committee.
‘We’ve
had
enough
,
we
are
out!’
* …except
for
the
Flyover
consortium
12. Chapter
3:
Going
live
* The
Flyover
consortium
issues
a
valid
bid
* The
other
consortia
are
in
disbelief:
13. Chapter
4:
The
Douala
Trick
* They
pulled
the
Douala
trick
!
‘All
we
may
get
out
of
* How
can
they
get
away
this
is
an
ethics
award
with
it
AGAIN
?!
–
but
that
won’t
cover
our
costs…’
14. Chapter
5:
Catch-‐22
* Success
–
we
have
a
final
bidder
!
* The
PPP
Agreement
is
signed
with
great
fanfare,
ground-‐breaking
before
April
11,
2013
* But
nothing
happens…no
crane
in
sight
* The
concessionaire
signals
problems
–
’we
can’t
get
financing
at
acceptable
term’
–
very
sorry,
but
not
our
fault’…could
it
be
because
the
PPP
is
not
bankable
?
(now
that
would
be
a
surprise
!)
16. Chapter
5:
Catch-‐22
* The
PPP
agreement
gets
adapted
to
take
account
of
‘new
realities’
* The
drop-‐out
consortia
are
too
frustrated
to
sue
–
they
have
moved
on…
* …and
they
won’t
bid
a
again
for
a
PPP
in
Freedonia
17.
18.
How
avoid
future
Catch-‐22
situations?
1. Governments
must
build
their
proper
PPP
capacity
–
consultants
won’t
do
it
for
them.
* Difficulty
of
reconciling
the
interests
of
government
and
consultants
* PPP
capacity
also
helps
select
competent
consultants
19. How
Avoid
Future
Catch-‐22
Situations
?
2.
Manage
public
expectations
effectively:
* Establish
a
communications
strategy
* Be
(very)
wary
of
traffic
forecasts
–
understand
the
forecast
methodologies
* Don’t
overestimate
bidder
interest
* Don’t
raise
unrealistic
expectations
–
even
if
a
future
government
will
have
to
deliver
* Define,
and
communicate,
what
success
and
what
failure
will
be
like
(e.g.
min.
number
of
final
bids)
*
Have
a
plan
B
in
case
of
failure
20. How
Avoid
Future
Catch-‐22
Situations
?
3.
Re-‐structure
and
re-‐organize
projects
in
response
to
a
changing
environment
(e.g.
higher
private
sector
risk
aversion,
interest
rates,
etc.)
* Communicate
early
to
stakeholders
and
the
wider
public
* Consider
conversion
into
a
shorter-‐duration
management
contract
and
re-‐issue
when
the
environment
has
improved
21. How
Avoid
Future
Catch-‐22
Situations
?
4.
Creation
of
a
‘grey
list’
of
bidders
* Successful
non-‐fair
play
bidders
can
damage
the
reputation
of
governments
–
and
of
PPP
in
general
* ‘Grey
Listed’
parties
would
flag
warning
signal,
not
mean
exclusion
* World-‐wide
exchange
of
PPP
practices
and
experience
* Not
only
success
stories,
more
is
often
learned
from
tough
challenges
and
from
failures
22. How
avoid
future
Catch-‐22
Situations
?
5
.
Immunize
PPP
projects
from
external
political
influence
* Anticipate
political
influence
for
high-‐value
and
high-‐profile
PPPs
* Communicate
policies
and
procedures
clearly
from
the
beginning
* Refer
to
them
and
stick
to
them