Our services are comprehensive and range from general advisory work to full complex transactional support together with the structuring, restructuring, documentation and implementation of legal requirements to support large-scale commercial projects.
Key Legal services
- BOI Services
- Corporate and Commercial
- Capital Market & Corporate Secretarial Services
- Mergers & Acquisitions
- Employment
- Property & Intellectual Property
- Litigation & Dispute Resolution
BOI Services
BOI service is designed to assist companies with the formalities and practical considerations of maximising the benefits available. We understand that strategic planning for start-up, expansion, or relocation can be time consuming and complex. Maximising BOI benefits requires much more than submitting raw data through the application form. It is important that the practical aspects and long term implications are addresses in addition to the initial considerations.
To help with this we have a network of specialists from all lines of services who can advise on a wide range of factors which can impact on your initial structuring decisions and implementations. Our BOI related services include:
- Structures for obtaining BOI benefits
- Preparing/reviewing BOI applications
- Preparing/reviewing feasibility studies
- Discussing with BOI officers
- Amending BOI projects
- Applying for projects relocation/revision
To make the process easier, we divide service into initial considerations and longer term consideration. For each stage we provide you with the relevant service you need. Our one-stop service includes:
Tax compliance and planning to maximise incentives include:
- Cost of capital, capacity and scrap planning
- Segregation of future projects
- Segregation BOI and Non BOI activities
- Transfer pricing during and after BOI promotion
Accounting analysis and financial modelling
- Choice of depreciation methods
- Leasing alternatives
- Inventory valuation methods
- Debt vs. equity evaluation from tax and financing perspective
- Types of forward contracts used to cover FX risks
Legal compliance and planning to
- Determine the best strategy for seeking investment promotion
- Negotiate with officials to find the optimum solution
- Ensure that various aspects of environmental, labour and technology requirements of the BOI are satisfied
- Provide post-implementation support to ensure conditions imposed by the BOI are fulfilled for every type of incentives received, and
- Provide BOI compliance audit support to identify potential tax risk and safeguard against withdrawal or cancellation of all BOI privileges.
Corporate and Commercial
We provide a wide range of corporate services to fit with your legal concerns, for example:
- Advice on legal issues, interpretation and application of laws and regulations with practical and constructive solutions
- Corporate and foreign business registration
- Commercial contract drafting/reviewing
- Reorganisation, corporate restructuring and business transfer
- Applying for licenses and permits as required under applicable Thai laws
Capital Market & Corporate Secretarial Services
We provide a comprehensive range of securities and corporate secretarial services to private companies and both listed and non-listed public companies. Our services include:
- Legal advice and assistance in conduction legal due diligence to identify any potential legal risk, helping a private company go public, preparing a prospectus, requesting the Securities and Exchange Commission (SEC) to approve an initial public offering (IPO), and listing its shares on the Stock Exchange of Thailand (SET) including spinning-off a listed company’s subsidiary for listing on the SET.
- Legal advice on corporate laws, SEC and SET regulations and corporate legal compliance; for example, changes of corporate information with relevant government authorities, attending shareholders’ meetings of public companies to ensure the meeting proceeds according to the laws, etc.
Mergers & Acquisitions
We have acted in high-profile acquisition, disposal and restructuring transactions, representing purchasers, vendors and shareholders. In additional to preparation of the legal documentation required to implement the transaction, we also conduct legal due diligence against the targets, draft share and/or assets sale and purchase contracts to support the transaction and negotiate with counterparties the serve the business needs while ensuring legal compliance to smooth business integration and operation after the M&A process.
Employment
We assist clients in the preparation, review and negotiation of employment agreements, service agreements and work rules, to ensure compliance with the labour law. We also provide advice and assist our clients on the lawful steps required before termination of employment so as to minimize the risk of legal action instigated by the Labour Inspection Officer or before the Court. Acting as a lawyer, we also represent clients involved in labour disputes in the Labour Court and assist them by acting as a labour relations advisor during negotiation concerning work conditions. Indeed, we also represent our client as a whistle-blowing centre acting as one of the channels for receiving complaints, filtering and reporting it to the top management level for further action.
Property & Intellectual Property
We represent vendors and purchasers in relation to the sale and purchase of land, commercial buildings and condominiums, and assist them in the preparation of leasing arrangement, management agreements and service agreements. In the commercial sectors, we also have experience in applying for approval to conduct a business and to use land from the Industrial Estate Authority of Thailand. Any privileges available under the law are also taken into consideration so that clients may optimize each transaction.
We also provide advice and assistance to intellectual property owners in all legal aspects including the registration of trademark and service mark, and how to use and safeguard the intellectual property when it is licensed, franchised or under distributorship arrangement.
Litigation & Dispute Resolution
We provide a full range of litigation and dispute resolution support to client, such as:
- Setting a constructive strategy to advise, claim, defend, and/or counter claim in civil, criminal, labour, bankruptcy, taxation, consumer protection, administrative, intellectual property, and international trade cases;
- Negotiating with counter parties to settle disputes before going to court or arbitration
- Investigating and compiling all related supporting evidence and witness statements for presentation in court or during arbitration
- Handling and representing clients to resolve dispute until completion at the judicial courts such as the Civil Court, the Administrative Court, the Intellectual Property and International Trade Court, the Bankruptcy Court, the Labour Court, the Tax Court and the Criminal Court including the Arbitration Institutes including represent the client at the Legal Execution Department and at the police station
- Endorsing the arbitration awards to be legally enforceable in Thailand.
- Executing court orders against assets held in Thailand in accordance with the courts’ judgments or awards.
