Legal services

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

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 service who can advise on a wide range of factors which can impact on your initial structuring decisions and implementation.

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 project relocation/revision

To make the process easier, we divide services into initial considerations and longer term considerations. 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.

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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 licences and permits as required under applicable Thai laws

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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 conducting 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 law, etc.

Mergers & Acquisitions

We have acted in high-profile acquisition, disposal and restructuring transactions, representing purchasers, vendors and shareholders. In addition to preparation of the legal documentation required to implement the transaction, we also conduct legal due diligence against the target, draft share and/or assets sale and purchase contracts to support the transaction, and negotiate with counterparties to 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 minimise 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 negotiations concerning work conditions. Indeed, we also represent our clients 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.

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Data Privacy

We provide many kind of legal services under the Personal Data Protection Act BE 2562 (PDPA) such as advisory, conducting potential legal risk assessments using the concept of Gap Analysis through a legal review of your provided information and documents along with interviews with selected stakeholders of each related division and give recommendations or advice. To fill gaps and prevent penalties, we prepare a legally required data inventory and help you understand data workflow mapping. After the implementation, we then conduct a PDPA compliance review to revisit and check whether your current practices are still in line with the PDPA and its subordinate legislations. We draft and develop legally required document templates, such as privacy policy and notice, consent letter and breach notification form including reviewing data processing agreement, drafting agreements related to acts or implementation with respect to personal data and making appropriate revisions. We localise the organisation’s global privacy policy and documentation and ensure that all local requirements are reflected in them.

In addition, we use the results of gap analysis assessments to create a framework to help your employees comply with the PDPA and design PDPA courses for conduct trainings to build your employees’ understanding of the legal requirements and potential risks of personal data leakage and incidents.

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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 arrangements, management agreements and service agreements. In the commercial sector, 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 optimise each transaction.

We also provide advice and assistance to intellectual property owners in all legal aspects including the registration of trademark or 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 clients, 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 the 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 disputes 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.
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