When looking for the best way to implement public tasks it is always worth considering public-private partnership. When choosing this format, however, the interests of both partners must be properly secured.
To achieve this the most common solution is to implement the partnership in the form of a company.
Of course, the issue here is not so much the legal form of the partner’s activity – in fact, it is always a company – but the CREATION of an entity dedicated to the performance of the partnership agreement.
Under this arrangement, several specific ways can be distinguished.
The first of them – although rarely used in practice – is that a private partner joins an already existing public company.
Much more often, however, it is the PRIVATE PARTNER that establishes a SPV, within the framework of which it executes a PPP agreement.
In this case, it is worth remembering that the legislator allows for the possibility that the entrepreneur negotiates all the issues connected with signing the partnership agreement, and the contract itself is concluded with the subsidiary company established by the entrepreneur.
In any case, these solutions allow the private partner to separate the tasks connected with PPP from other business initiatives.