The Case Study On Project Company's Equity Acquisition For Photovoltaic Power Generation

Facing the pressure from energy shortage,serious environmental pollution and frequent ecological problems,countries all over the world have increased the development and utilization of new energy.Solar energy,as one of the important components of new energy,has the advantages of inexhaustible,green and pollution-free,and is highly respected by many countries.In order to promote the development and utilization of solar energy and support the development of photovoltaic power generation industry,China has issued laws and regulations such as Interim Measures for Project Management of Photovoltaic Power stations and Interim Measures for Project Management of distributed Photovoltaic Power Generation to regulate the construction or acquisition of photovoltaic power generation projects.However,due to the lack of the existing legal provisions of the country,the imperfect system,unreasonable procedures and irregular operation in practice,there are some problems,such as project filing,project land use,project EPC general contracting and so on,which hinder the construction or acquisition process of the project,resulting in various disputes that damage the interests of the project company or acquisition company and even affect the further development of the whole photovoltaic power generation industry.This paper analyzes the case of A company acquiring shares in photovoltaic power generation project company,briefly introduces the basic situation of acquisition participants and photovoltaic power generation projects,and studies on the problems of project filing,land use and EPC general contracting in the construction process of photovoltaic power generation projects in this case,starting from the current legal provisions,academic theory and practice,combined with the specific situation of the acquisition case,this paper makes a detailed analysis and demonstration on whether the project filing organ in this case is legal,the determination of the change of filing content,whether the way of land use is standardized,whether the land use contract is valid,and whether the qualification of EPC general contract can undertake the project and the legitimacy of the secondary subcontract.Based on the reality of our country,combined with theory and practice,this paper puts forward some reasonable suggestions on the problems involved.For the problem of project filing,we should improve the legislation in the field of new energy and construct country's legal system of new energy.Standardize the administrative management of project filing,liberalize the right to file,and clarify the scope and standards of changes in the content of the file.For the project land use problem,we should card and revise the current photovoltaic land policy,liberalize the photovoltaic array land use mode.At the same time,reform the examination and approval system of construction land,unify and simplify the examination and approval process and content,and make clear the cognizance of the nature of land by the competent department.For the general contracting problem of project EPC,we should promote the revision of the Construction Law with the current policy documents,make special regulations on the EPC general contract,and liberalize the legal restrictions on the secondary subcontracting of the EPC general contract.The administrative department may formulate model contracts to agree on issues that are not yet clear,and promote changes in the habits of the construction industry.In addition,by standardizing the practical operation of the project company and the acquisition company,it provides an effective reference for the risk control of the project development,construction or acquisition,so as to promote the standardization and sustainable development of the photovoltaic industry power generation project and the photovoltaic industry.