Public Finance Law Attorney Services: Unlocking the Potential of Public Finance

A Comprehensive Guide to Public Finance Law Services

Public finance law encompasses the legal and regulatory framework governing the financing of public projects and the management of public funds. Public finance law attorneys play a crucial role in advising governments, underwriters, and other stakeholders on navigating the complex legal landscape. This article will discuss the key services offered by public finance law attorneys, cite relevant laws, and provide an external link to a leading public finance law firm.

Bond Issuance and Financing

One of the primary services provided by public finance law attorneys is advising on the issuance of bonds and other debt instruments for public projects. Bonds, including general obligation bonds and revenue bonds, are used to finance infrastructure, schools, hospitals, and other public facilities. Public finance law attorneys ensure that these debt instruments comply with federal tax laws, such as the Internal Revenue Code (26 U.S.C. § 103), as well as state and local regulations.

Disclosure and Securities Law Compliance

Public finance law attorneys also advise on compliance with federal securities laws, such as the Securities Act of 1933 (15 U.S.C. § 77a et seq.) and the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.). These laws regulate the issuance and trading of securities and require the disclosure of certain information to protect investors. Public finance law attorneys assist in preparing to offer documents, including official statements and continuing disclosure agreements, to ensure that issuers meet their ongoing disclosure obligations.

Tax-Exempt Financing

Many public finance projects are funded through tax-exempt bonds, which offer significant tax advantages to investors. Public finance law attorneys ensure that these bonds comply with federal tax law requirements, such as those found in the Internal Revenue Code (26 U.S.C. § 141 et seq.). They help structure transactions and draft bond documents to maintain the tax-exempt status of the bonds, thus providing substantial savings for governments and other public entities.

Public-Private Partnerships (P3s)

Public-private partnerships (P3s) are increasingly popular for financing and delivering public infrastructure projects. Public finance law attorneys advise on the legal aspects of P3s, including drafting and negotiating agreements between public and private entities, ensuring compliance with procurement laws, and managing risks associated with these complex transactions.

Regulatory and Compliance Matters

Public finance law attorneys also provide counsel on a wide range of regulatory and compliance matters, such as municipal securities dealer regulation, investment adviser regulation, and compliance with the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. § 5301 et seq.). They help clients navigate the intricate web of federal, state, and local regulations governing public finance transactions.

Litigation and Enforcement

In addition to transactional services, public finance law attorneys also represent clients in litigation and enforcement actions related to public finance matters. They may defend clients against securities fraud claims, challenge bond validation proceedings, or represent clients in enforcement actions brought by regulatory agencies such as the Securities and Exchange Commission (SEC) or the Municipal Securities Rulemaking Board (MSRB).

Relevant External Link: Leading Public Finance Law Firm

Conclusion

Public finance law attorneys play an essential role in facilitating the financing of public projects and ensuring compliance with the complex legal and regulatory framework governing public finance. By providing expert advice and representation in areas such as bond issuance, disclosure, tax-exempt financing, P3s, and regulatory compliance, public finance law attorneys help unlock the potential of public finance and contribute to the growth and development of communities across the nation.