New rules on public-private partnership
The amendment to the Act on public-private partnership is aimed at improving the legal environment of public-private partnership in Poland. The introduced changes are intended to enable effective preparation and implementation of projects.
The adopted law provides that public-private partnership can only be implemented in the form of a limited liability company or a joint-stock company. A number of changes have been introduced, including: the obligation for the private entity to report on the implementation status and the possibility for the public entity to conclude an agreement with a third party financing the undertaking, thus enabling the public entity, in the event of a serious threat to the project, to transfer to that third party all or part of the private partner’s duties including the rights associated therewith.