508 15.2 Erection and operation of wind turbines
are liable for the company. The proceeds and losses are offset against other in-
come in the income tax return.
In Germany, investment in wind farm projects has been primarily carried out
by private individuals. Therefore, the legal form of a limited liability company
should not be chosen for the operating company but rather a limited partnership
with a limited liability company as a general partner. The limited liability com-
pany is responsible for the business and technical management. Private investors
acquire the shares as limited partners in the limited partnership thus providing the
required equity. This combines the advantages of both legal company forms. Lim-
ited partners get their share of proceeds and losses in the course of a separate de-
termination of the annual accounts, declare them and are liable for the capital they
have contributed.
If the wind farm project is started as a local or regional initiative, it is often
quite easy to find investors without having to conduct a major marketing cam-
paign. A nationwide search for investors would be appropriate if investment
amounted to several hundred million Euros. A closed-end investment company is
then launched and announced in a fonds prospectus. In this case the legal frame-
work of the liability in respect of information contained in fonds prospectus has to
be observed. The given information should follow the common standards (e.g.
IDW 4, quality standard of the German Association of Certified Public Account-
ants) and have the attestation of a certified accountant.
All further legal implications (rights and duties of the limited partner, their right to
say in a matter, etc.) have to be regulated in the company contracts of the operat-
ing company.
15.2.3 Economic efficiency of operation
If the financing has been secured and the wind farm project implemented, the
revenue from the electricity sold are offset against the operation costs (cf. section
15.1.3). The legal framework of the German Renewable Energy Sources Act
(German: EEG) stipulates the feed-in tariffs per kWh which form the basis of the
20-years feed-in contract [12]. In absence of such a set regulation regarding the
feed-in tariffs, it would be difficult to finance a wind farm project as it incurs rela-
tively high investment costs. The framework of the German Electricity Feed-in
Act (German: Stromeinspeisegesetz, StrEG, 1991 to 2000) and the successor
scheme of the EEG which followed in April 2000 is internationally regarded as a
good example of a legal framework which helps to turn a wind farm project, for
favourable site conditions, into a safe and profitable capital investment. The EEG
differentiates according to site quality in order not to privilege coastal sites vis-à-
vis inland sites which have disadvantageous wind conditions through lower mean
wind speeds. Further details regarding the legal framework can be found in the
references, e.g. [8, 12].