Act for promotion of private participation in infrastructure projects－financing research

• Main Authors: Chen,tsung yi, 陳宗益
• Other Authors: Hwang,li
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/16575101430700997745

碩士 === 國立政治大學 === 法學院碩士在職專班 === 98 === According to our Act for promotion of private participation in infrastructure projects, the private institution may participate in an infrastructure project by six means but BOT is the typical model that usually be adopted in the world. The responsibilities of the debt of BOT project finance have transferred to private institution from the authority in charge of government. Nevertheless, except limited private capital, lots of capital for BOT still needs to depend on the financing institution. That is, the risk of the debt of BOT project finance will transfer to the financing institution finally. Therefore, besides evaluating the risk of project finance deliberately or looking for the effective methods to transfer the risk by insurance or consortium loan, the financing institution needs to plan the appropriate risk distribution via the contract for controlling the risk that can be accepted. Because project finance is one of the most important key factors of BOT, besides fundamental characteristics, suitable conditions, law bases, contract frame, the investment types of government and the process of feasibility study, preliminary plan, announcement by a public notice, evaluation and selection, negotiation and signing of concession agreement, construction, operation and transfer, this research will further study BOT project finance, relevant risk management, law relation between the persons involved, the financing assistance by government . Then, proceeded with the representative case study domestically and laid the special emphasis on both of principal plan terms and important financing conditions. According to the research as above, summarized five conclusions combined with suggestions as following for reference. 1. The key factors of success about BOT depend on the risk understanding and effective communication between the participators. 2. The regulation of financing assistance by government is conservative relatively. 3. Indirect finance is the principle channel for BOT at present. 4. The weight of opinion of financing institution evaluating BOT is not enough. 5. There are still a few cases with regard to the law suit about promotion of private participation in infrastructure projects.