Banking & Financial
Visa & Work Permit
Contract Review & Drafting
Establishing Businesses For Foreign Investors
Investment & Finance
Mergers & Acquisitions
Banking and Financial.
We provide a broad range of banking and financial services, including preparation of financing and security documentation. For example, Patcharin Chatvachirakul has prepared and reviewed credit facilities, security documents and debt restructuring agreements for major American and Thai banks. James Finch recently drafted a credit facility in excess of US$50 million for a Chinese export bank for the export sale of telecommunications equipment. Songpol Pirunsarn has brought numerous mortgage enforcement actions and been involved in banking institution litigation, in particlar actions on loan agreements, negotiable instruments, letters of credit and trusts. He also recently successfully settled a large enforcement case in which the borrower had breached the terms of a mortgage agreement.
We handle the acquisition, disposal, lease mortgage and development of all kinds of real estate, including raw land, commercial properties and housing. We routinely obtain all necessary permits. Examples of our practice in connection with real estate are as follows. Chavalit Uttasart has represented many buyers of condo units and houses, reviewing contracts and negotiating with sellers and developers and then transferring ownership. Likewise, he has given advice to developers on all phases of the business, conveyancing, title, registration of ownership to land and condo units. He has represented clients purchasing land to build factories and stores. James Finch, in addition to having similar experience with the commercial and residential housing industry, has also advised various hotel developers on all phases of their operations, from land purchase and construction to drafting and negotiation of commercial leases within the hotels. He has worked on many leases in industrial zones. Nilobon Tangprasit has worked extensively for a large Thai manufacturer and retailer, acquiring land, drafting and negotiating mortgages, land transfer and facility construction. She works for the foreign investors of a major foreign residential developer, providing documentation, contracts, corporate structuring and advice on title issues and finance. She has also acted for commercial landlords and tenants. Nuttaros Tangprasitti has drafted home lease agreements for foreigners and Thais. She has advised foreigners on residential leases of and construction upon land. She has also handled the sale of land for a commercial space in a resort area and drafted MOUs for the purchase and sale of land.
Visas, Work Permits.
In addition to providing opinions on the Alien Employment Act and related legislation, we have obtained many visas and work permits. Chavalit Uttasart has obtained visas and work permits for foreign clients in numerous contexts. Nilobon Tangprasit has also obtained visas and work permits, particularly in the context of corporate structuring. Paralegal Warisa Sakmungkorn specializes in non immigrant B visas, those for foreigners working in Thailand, but routinely handles all other kinds of visas, as well.
Contract Review and Drafting.
We pride ourselves on our business expertise and have assisted clients with innumerable business deals. James Finch reviewed the documentation for a satellite telecommunications project and restructured the deal. Phatthrawat Nakaranuruck prepared franchise agreements and employment agreements for a large Japanese technology company. Kallayarat Chinsrivongkul reviewed and restructured a major land sale agreement for real property in Bangkok and drafted medical product licensing agreements.
Establishing Businesses for Foreign Investors.
Our lawyers have excellent language skills and are used to advising foreign businesses on setting up in Thailand. Kallayarat Chinsrivongkul has done registration corporate work for numerous foreign clients, obtaining tax ID cards and VAT certificates. Chavalit Uttsart has spent considerable time working with a publicly traded Dutch company wishing to expand its business outside of Bangkok by establishing stores in various parts of the country, negotiating with land owners and obtaining the proper permits. Picharn Sukparangsee has advised foreign companies establishing in Thailand through M&A in connection with contracts of sale of shares in existing Thai companies.
Our litigation department has long experience in obtaining results in the Thai judicial system. Vira Kamee has handled disputes between owner-developers and contractors in real estate transactions in which there are allegations of violations of the Foreign Business Act. He has also represented foreigners in white collar criminal matters involving allegations that the foreigners as employers did not properly pay employees and foreign clients who liquidated Thai companies and then were accused with not complying with relevant laws. James Finch recently supervised two litigation matters, one involving a claim against a timber supplier and another against a customer of a client in the heavy equipment industry. Watcharaj Maskasin has handled many debtor-creditor claims and additionally has represented creditors for the Thai Finance Restructuring Authority.
Investment and Finance.
We advise clients on all aspects of investment in Thailand, including issues related to the Investment Promotion Act. Chavalit Uttasart represented a multinational company in its purchase of an LNG facility in Thailand, including the entire investment transaction, the permitting and, after several years of successful operation, the sale of the facility to another international group. Nilobon Tangprasit acted for a large foreign pharmaceutical company in the buyout of its local distributor, advising on the negotiation of the purchase, tax, labor issues, transferring the pharmaceutical license and preparing an employee handbook. James Finch recently advised a client on project finance in connection with a hydro power project.
We have the capability to deliver practical tax advice on any transaction. Picharn Sukparangsee has advised numerous clients on the tax aspects of selling the shares of publicly traded Thai companies in the context of acquisitions of these companies. Phatthrawat Nakaranuruk recently gave integrated tax advice in connection with providing a mass-market seller of ice cream with franchise agreements. Nilobon Tangprasit, working with other lawyers in the firm, provided a major foreign client with interpretations of several issues in the Revenue Code.
Our lawyers have broad corporate experience, from company formation to dissolution. In particular, the companies we form are delivered to our clients fully formed with proper translations of the documents. We also have complete corporate secretarial services available to enable our clients to keep from incurring fines and other penalties so common with unattended companies. We are well experienced, moreover, in corporate changes, such as transfers of shares and replacements of board members. Our corporate work has been with both public and private companies. Kallayarat Chinsrivongkul recently provided corporate structuring advice to a client, formed the company and obtained the tax ID card and VAT certificate. Khanita Eerkusolkul prepared the articles of association and shareholders’ agreements for a private municipal transit project. Nilobon Tangprasit represents an insurance company and regularly advised this client on corporate matters, for example, capital increase requirements and how these should be complied with. Patcharin Chatvachirakul acted as legal advisor in the corporate and business reorganization of a Thai sugar group.
Mergers and Acquisitions.
Our experience with respect to M&A includes due diligence, advising on structure, giving legal opinions and preparing all documentation, such as sale and purchase agreements, confidentiality agreements and shareholders’ agreements. Patcharin Chatvachirakul acted as legal advisor to a plan administrator in connection with the acquisition and disposal of the core assets of a major Thai brewery. Nilobon Tangprasit conducted due diligence on the local subsidiary of a multinational pharmaceutical company in connection with the worldwide sale of the multinational’s assets. Nattanan Worrawongwanna worked on a due diligence report for a major corporate acquisition.
We are most proud of our abilities to deliver reasonably-priced services to individuals. Chavalit Uttasart acts on behalf of foreign clients in Thai adoption, estate and family matters. James Finch is a certified financial planner© and advises expatriate individuals on establishing and maintaining portfolios and on business and real estate interests abroad. Several of the lawyers in the firm, including Chavalit Uttasart, Nilobon Tangprasit, Sorayuth Suvarnaphol and Nuttaros Tangprasittti have extensive experience with residential real property matters, including leases, mortgages, free-standing home and condominium purchases, particularly in connection with assuring title and enforcing contracts with developers.
We routinely advise clients on labor matters, in particular the Labor Protection Act A.D. 1998, the Labor Relations Act A.D. 1975, the Civil and Commercial Code on hire of Services and the Provident Fund Act A.D. 1987. Khanita Eerkusolkul has provided clients with opinions on various aspects of labor law. Kongkoch Yongsavasdikul has investigated termination issues and provided clients with written advice on this. Songpol Pirunsarn has successfully defended numerous suits for severance pay as a result of violation of employer work rules.
Over the years our lawyers have gained vast experience, both in advising clients and with litigation on construction issues. Vira Kamee handled a major dispute between the owner, the contractor and the developer over a construction contract for a department store and factory. Khanita Eerkusolkul worked on the construction contract for a power plant. Nuttaros Tangprasitti negotiated and drafted a contract for the construction of a house.
Our firm is a leader in the intellectual property field. Kallayarat Chinsrivongkul has filed numerous trademarks and patents for both foreign and domestic clients, in particular those for well-known Japanese companies. Phatthrawat Nakaranuruck handled a trademark infringement action on behalf of a giant US microchip firm and eventually prevailed in the Supreme Court. Wuttipong Wuttikul recently had a Trademark Board order to cancel a trademark reversed.
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