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Challenges in Solar Equipment Finance
In recent years, solar electricity generation systems have become increasingly popular in certain parts of the country. (For ease of reference, this article will refer to such systems, including solar photovoltaic panels, inverters, racking and related equipment as “solar equipment.”) Growth in solar-generation capacity has not been evenly distributed across the country, however, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.
Although the costs of solar equipment have decreased dramatically in recent years, many businesses and individuals need access to financing in order to pay the upfront costs of such equipment. In response to this need, many companies active in equipment leasing and finance ' some long-standing members of the industry as well as new ones ' have stepped in to offer financing solutions for solar equipment. However, many states have laws that limit such participants' flexibility to use certain financing structures. Some states limit financing mechanisms structured as sales of electricity (power purchase agreements), either expressly or because of lack of clarity in the application of existing laws. State laws can also be ambiguous in their application to leases of solar equipment.
This two-part article examines the state laws that limit equipment financiers' ability to offer these solar equipment financing options to distributed generation customers and explores the implications of such limits on the financing industry and its customers. Part One, herein, compares various methods commonly used to finance solar equipment, and then explores state laws that block one such method ' the power purchase agreement. Part Two (to be published in next month' issue), will explore laws related to the leasing of solar equipment and discusses the inequitable results that follow from the patchwork of laws currently in place.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?