Offshore Wind Worldwide 2022 edition - Flipbook - Page 131
Offshore Wind Worldwide 2022
f) C
onsortium or SPC
Persons who may participate in public
offerings are any corporation or any
consortium of corporations
(“Consortium”) that satisfies all of the
requirements listed in the public offering
participation qualifications. After being
selected as the operator (and before
certification of the occupancy plan), the
winning Consortium must form an SPC
comprising Consortium members
matching pro-rata voting interests set
out in the occupancy plan to dissolve the
entity used during the public offering.
Once done, the Consortium’s occupancy
plan will be certified as the SPC’s
occupancy plan. When participating as a
Consortium, each member of the
Consortium must satisfy all of the
eligibility requirements. When
participating in the public offering
through an SPC, each member with
voting rights is subject to the same
performance evaluation and must satisfy
all of the eligibility requirements (except
for the requirements in 2(1) of Appendix
4) of the occupancy plan. One of the
notable differences of these
requirements is that if bidders
participate as a Consortium, all
Consortium members must be domestic
corporations. However, if they set up an
SPC and participate in the SPC’s name,
foreign corporations can be shareholders
of the SPC as long as they only hold
voting rights and do not participate in
the public offering in their name.
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g)Contacts with local stakeholders
From the date of publication of the
Guidelines for Occupation for Public
Offering (10 December 2021) to the
date of notification of the Selected
Business Operator, participants are
prohibited from making contact with
local stakeholders in a manner that may
impede the fairness, transparency, and
competitiveness of the procedures for
selecting a business operator. While
some contact with local stakeholders
may be unavoidable, any particular
contact that may be considered
prohibited is determined on a case-bycase basis. Therefore, it is necessary to
carefully consider how any such specific
contact will be made on a case-by-case
basis, including by taking effective
measures such as recording
conversations, having a third party in
attendance, and retaining all relevant
schedules.
The government has newly stipulated
the following requirements with respect
to the Happou promotion zone.
•Coordination with the Noshiro
Selected Business Operator is
prohibited at the stage of
submitting the public offering
occupancy plan. Specifically,
contacting the Noshiro Selected
Business Operator is prohibited, as
is inquiring and learning about the
content of their business plans,
such as the public offering
occupancy plan and the