Lease-Purchase and Certificates of Participation

  • Overview
  • Attorneys

Kutak Rock has significant experience in representing governmental entities, banks and financial institutions  in the tax-exempt governmental leasing of equipment, energy management systems, technology systems, prepaid expenses and real estate and improvements for states, counties, municipalities, universities, school districts and other political subdivisions. These transactions require a blend of expertise in  public finance, Section 103 tax and commercial finance. Through cooperation and communication among our attorneys nationwide, our firm is uniquely positioned to provide expertise in all of these areas. Our services in  governmental leasing  include:

  • Providing initial structuring advice for transactions with an emphasis on state law and federal income tax considerations;
  • Preparing and negotiating lease, lease-purchase, non-appropriation and abatement leases;
  • Providing tax advice and issuing special tax counsel opinions;
  • Preparing 50-state surveys on governmental leasing and procurement issues and preparing governmental leasing form documents for all 50 states; and
  • Developing vendor programs for financial institutions.

We also have significant experience representing both originators and purchasers in the sale, syndication and participation of governmental lease products, including preparing certificates of participation and preparing and negotiating the necessary documentation to close the transaction.