Investment agreement with the State: preparing the application file and the negotiation

Situations relevant to the investment agreement with the State package

• An investor is carrying a project eligible under the Investment Charter without a reading of the support schemes.
• A mid-sized company is about to file an application without mapping the commitments required in return.
• A foreign group first seeks to identify its institutional counterparts and the review sequence.
• A project spread over several sites or phases calls for a simulation of the premiums.
• A management team is preparing negotiation meetings and wishes to settle its position beforehand.

Process

1. Purchase and onboarding. The client first acquires the Investment agreement with the State intake form (CV-07). ASKonsult then opens the secure exchange space.
2. Synchronous scoping. Session 1, a 90-minute videoconference, examines eligibility and the institutional counterparts. It also specifies the filing and review sequence.
3. Asynchronous collection. The client then completes the intake form and submits the studies as well as the financing plan. Written questions flow in both directions.
4. Analysis and correction. The firm’s in-house engineering team then builds the file and simulates the premiums. It also maps the commitments and the risks of non-compliance, before a 90-minute review session 2.
5. Synchronous delivery. Session 3, a 90-minute videoconference, is the occasion for handing over the file. Finally, session 4, also 90 minutes, prepares the negotiation meetings.

Deliverable

The deliverable first comprises a structured application file. A positioning note then analyses the support schemes that can be mobilised. The commitments matrix, in addition, lists the obligations attached to the investment agreement with the State, with their monitoring indicators. Finally, a memorandum prepares the negotiation. ASKonsult hands over the file at session 3, after a final review; session 4 then makes use of the memorandum.

Prerequisites

The package first requires the completed Investment agreement with the State intake form (CV-07). The feasibility study and the financing plan complete this foundation. Corporate documents are also among the expected items. Time frames run from receipt of a complete file.

Frequently asked questions

How is the package quote established?

The quote rests on a qualification exchange prior to subscription. This exchange covers in particular the project amount and the number of sites or phases. The special conditions then set the scope, timetable, number of sessions, expected documents and deliverable. ASKonsult then creates the order from the accepted quote. The start date also depends on the firm’s analysis capacity.

How are the four sessions distributed?

The package includes four 90-minute videoconference sessions, 6 hours in total. The first provides scoping, the second the review of the file. The third is the occasion for handing over the file; the fourth prepares the negotiation meetings. Between these sessions, collection and analysis take place asynchronously, through the secure exchange space.

Why map the commitments before the negotiation?

An investment agreement with the State combines support schemes with commitments required in return. The mapping therefore identifies these commitments and the risks of non-compliance before any discussion. The matrix then links each commitment to monitoring indicators. The preparation memorandum finally draws on these elements to settle the investor’s position.

Does ASKonsult represent the investor in the negotiations?

No. The package prepares the negotiation meetings, without representing the investor. Drafting the agreement and analysing its legal scope also fall to an authorised professional. Likewise, arbitration and land-related procedures remain outside the package. Finally, the service carries no guarantee of eligibility, of the granting of premiums or of the conclusion of the agreement.

Do the documents submitted remain confidential?

The firm treats as confidential the feasibility study, financing plan and corporate documents submitted. These documents circulate solely through the secure exchange space and serve only the purposes of the service. This obligation also survives the end of the relationship. Reciprocally, the client undertakes the same discretion with regard to non-public tools and deliverables.

Which tools and follow-ups relate to the package?

The workbook for monitoring the commitments under an investment agreement (P-26) extends the matrix handed over. The white paper “Investment Charter and agreement with the State: obtaining, negotiating, performing” (LB-04) explores, for its part, the subject further. Finally, the Executive subscription (A-03) is intended for executive management teams exposed to investment issues. It thus offers support over time.

Out of scope

The package excludes representation of the investor in the negotiations. Drafting the agreement and analysing its legal scope fall, for their part, to an authorised professional. Arbitration and land-related procedures also remain outside the service. Finally, the package carries no guarantee of eligibility, of the granting of premiums or of the conclusion of the agreement.