Corporate & Commercial/M&A
We advise domestic and foreign business leaders and investors on establishing operations in Thailand, with organisational structures to suit specific needs. Our corporate lawyers are regularly tasked with advising on cross-border commercial projects and the legal management of international business deals and infrastructure projects, and on promotions offered by Thailand’s Board of Investment (BOI). We assist with mergers, acquisitions, sales and joint ventures and provide unique insight into Thailand’s distinct business customs and practices.
We offer a multi-disciplinary approach to the provision of our corporate legal services, which allows us to draw upon the collective expertise of all our lawyers. On certain matters we will refer to commercial litigators and arbitrators from our Litigation, Dispute Resolution & Arbitration department; on others, specialists from our Banking & Finance team, our Employment Management practice group, or our PDPA experts. This allows us to provide personalised guidance that is wholly in step with each client’s commercial and legal strategy.
Foreign Direct Investment (FDI)
Foreign investment screening regimes have expanded significantly because of recent economic and political events, making cross-border transactions much less straightforward. We are uniquely positioned to bridge the legal gaps for foreign parties interested in investing in Thailand and offer detailed guidance on expansion strategies in the country. We advise on all permitted business activities made available to foreign companies as well as the various restrictions imposed upon them, and are adept at obtaining business license approvals and achieving clearances for investors new to the market.
Our specialist legal practitioners carry out in-depth due diligence inspections of potential business partners, and are highly proficient at identifying risks associated with FDI-related deals and projects. We provide support throughout the entire investment approval process and offer assistance with government relations, investment safeguarding/protection, tax incentives, and with Thai labour law-related matters. We routinely advise on BOI privileges and Industrial Estate Authority of Thailand (IEAT) services and permissions.
Acquiring property in Thailand (either for residential use or as an investment) requires access not just to sound legal advice but also to seasoned professionals with an appreciation of current market conditions. We are known for our meticulousness and efficiency in property acquisitions and disposals and for our expertise in real estate finance and taxation, particularly international tax law and restrictions pertaining to foreign nationals. Our real estate lawyers undertake full legal due diligence investigations of land titles and sellers, carry out land surveys and property inspections, and negotiate land assembly and strategic land promotion.
We regularly advise on commercial real estate transactions and provide comprehensive litigation and dispute resolution services in, for example, breach of contract civil lawsuits and condominium ownership disputes. We advise on land, retail, hotel/leisure and mixed-use property developments, and on BOI incentives and environmental impact assessments (EIAs) in town and country planning. We offer legal assistance with conveyancing and registrations, and family law-related real estate matters such as divorce and inheritance, as well as with usufruct and habitation rights issues.
We negotiate, prepare and review all types of real estate contract including contractor, purchase/sale, servitude, and short-term rental and long-term lease agreements. Given the sums ordinarily involved, we also provide international payment support and work to ensure swift payment/title transfers and settlement of our clients’ affairs. We work diligently to protect our clients’ real estate assets and offer constructive insights into their profitable use, such as finding new opportunities to add value and subletting space that clients no longer require. Our clients include developers, lenders, investors and funds, private individuals, as well as asset and property portfolio managers.
Litigation, Dispute Resolution & Arbitration
Our approach is to cultivate legal relationships that are based on trust, which is the reason so many of our clients return to us for advice in other areas of their life and business. We take clear steps to settle business-related and family disputes calmly and efficiently and aim to avoid escalations. Litigation is unavoidable in some cases, however, and we represent clients in the civil and criminal courts and the administrative and special courts (e.g. Central Bankruptcy Court, Labour Court, Juvenile & Family Court, Tax Court), as well as in different arbitration venues across Thailand. Whether bringing or defending a claim, we prepare cases that maximise the chances of a favourable outcome.
Our overarching aim is always to minimise disruption to our clients’ life and business as much as possible while at the same time keeping costs low. We are clear that in some cases the actual benefits of a successful outcome may be outweighed by the likely litigation costs involved and advise our clients accordingly. We always keep in mind our clients’ business objectives and commercial strategy as well as their budget. Our specialisms include commercial litigation, labour and employment and bankruptcy and insolvency matters, as well as alternative dispute resolution (ADR). We assist clients with preparing affidavits, complaints, defences, discovery and interrogatories, and provide support at every level from small claims to international arbitration cases spanning different jurisdictions.
Our specialist legal practitioners manage all labour and employment-related matters involving the Thai jurisdiction, including buying/selling across borders and restructuring whole business operations. We advise on the legal aspects of all people-related parts of each client’s business during its lifetime and assist with all kinds of business transformation including transfers, takeovers and corporate restructurings. We advise our clients on how to be proactive in managing changes in the workforce, on workplace issues such as disciplinary and grievance procedures, terminations and tribunals, appeals and investigations, as well as on appropriate human resources practice to ensure that all regulatory compliance requirements are met.
Our aim is to help our clients better manage cost and risk and improve decision-making in respect of Thai labour law and regulations. Some sections of Thailand’s Labour Protection Act are difficult to understand and can be tough to observe in practice. We are always on hand to identify clients’ specific responsibilities in respect of the law and mitigate risk when enacting any workplace measures. Our work includes but is not limited to drafting and reviewing employment and outsourcing/service contracts and benefit/compensation plans, as well as work rules and regulations, resolving labour disputes, preparing severance arrangements, and advising on confidentiality.
Banking & Finance
Providing reliable advice in this practice area not only requires extensive legal training, but also commercial awareness and good business sense. Our lawyers offer a full suite of banking and finance services and provide innovative legal solutions on both Thai and cross-jurisdictional matters. We regularly advise on financing for commercial projects (locally and as part of cross-border transactions) and offer insights into local business practice in the heavily regulated Thai financial services industry.
We assist with corporate and private banking, debt-based acquisitions, derivatives and securities, recapitalisation and restructuring, insolvency and bankruptcy buyouts, real estate and project finance, and all associated regulatory matters. We represent agents, funders, lenders and borrowers and our clients include banks and other financial institutions, large corporates, start-ups and SMEs. We are experts in the legal management of financial liabilities and work diligently to ensure that the legal and business interests of our clients are protected. Where beneficial we will involve specialists in our other practice groups to ensure compliance with relevant Thai financial legislation.
Data Privacy & Personal Data Protection
Personal data protection law is still relatively new in Thailand, which is why you need experts who are abreast of the latest legal and policy updates. We advise companies, individuals and public bodies which obtain, share and store others’ information on how to comply with Thailand’s Personal Data Protection Act 2019 (PDPA) and its related regulations.
The risk of a data breach is of concern to both individuals and organisations, as the consequences—financial and/or reputational—can be profound. We offer targeted advice from the moment a breach is identified and are adept at incident management and response. We advise on clients’ immediate obligations and assess and prepare for any legal proceedings or regulatory outcomes that follow. We support clients through any enforcement procedures and have specialist PDPA litigators for defence in the Thai civil and criminal courts and for mitigating any damages to potential claimants.
We advise companies of all sizes on data sharing and data processing, subject access requests, workforce monitoring, information and cyber security, and matters involving cross-border data flows.
We offer in-depth data audits/health checks and risk/impact assessments, and assist with the preparation of compliance documents, privacy notices, website policies and cookies notices, and the revision of employment contracts as required.
We also offer bespoke data protection and privacy law training as well as seminars about how to create a positive data compliance culture and be alert for possible infractions in your organisation.
Family Business & Estate Planning Solutions
We offer a full suite of family business and estate planning services and solutions, implementing holistic plans tailored to each family’s unique situation and needs. The firm is legal counsel to successive generations of established business families in Thailand and to Thailand-based members of the international community, with private wealth and succession planning at the heart of our practice. Our client base includes ultra-high-net-worth individuals (UHNWIs), high-net-worth individuals (HNWIs), celebrities and other public figures, both domiciled in Thailand and those with non-domiciled status.
We develop and implement up-to-date protection plans that preserve and build on the family legacy. Plans that facilitate family cohesion and wealth preservation for the long term. Plans that keep assets safe and out of reach from ineligible parties. Our lawyers drive through improvements to existing arrangements and strengthen measures already in place for good governance of the entire family estate. We prepare all types of will and testament (joint, living, last, etc.), declarations of trust and lasting powers of attorney, and manage all issues related to probate, philanthropy, and estate and trust administration.
We advise on family constitution and company bylaws and family business holding structures and handle all required governance documentation. We assist with the preparation and execution of all types of legal agreement for family-owned and family-controlled businesses (shareholder, employee agreements, etc.) and offer a range of family business office support services.
Our legal expertise extends from property and inheritance tax planning to family law-related matters including prenuptial agreements, marriage/divorce filings and registrations, custody and guardianship, as well as child adoption. Our dispute resolution experts are always on hand to resolve difficulties. We arrange all related legal paperwork and manage applications to the relevant Thai courts, from preparation and submission through to successful resolution.
We offer ongoing client care and work diligently and effectively to achieve continuity and peace of mind and to protect the legacy of the family business as it passes between generations. We take in each family’s past, current circumstances, and aspirations for the future and note the underlying family dynamics, managing tensions and resolving any conflicts with the minimum of fuss. Some family businesses do not outlive their founders, but we work assiduously to ensure legacies remain intact and that the estate families work so hard to build continues to grow through the course of life’s natural events.
White Collar Crime & Shareholder Disputes
We specialise in addressing the complex legal challenges arising out of internal fraud perpetrated by senior management and key staff. We have extensive experience assisting clients with managing the effects of breaches of fiduciary duty, fake accounting practices, forgery of accounting documents, embezzlement, fraud by HR, procurement or accounting divisions, insurance fraud, bribery, and more.
These cases not only lead to labour claims and civil/criminal actions but also necessitate comprehensive resolutions for shareholder disputes, corporate actions, crisis management, in- and out-of-court negotiations, and the implementation of preventive measures.
We deploy a combination of strategic insight and legal acumen to uncover the fraud triangle and other misconduct, leading forensic accounting investigations and providing expert analysis to pinpoint and combat financial crime effectively and efficiently. Our services include the implementation of effective crisis management plans, co-investigations, legal actions, and recommendations for protective measures aimed at mitigating the risk of future fraudulent activity.
Such work involves following complex paper trails, digital or otherwise, and our proactive fraud prevention strategies encompass a range of initiatives, including the establishment of company-wide policies and whistleblowing centres, annual compliance checks, and awareness training.
Our commitment to our clients is evident in the way that we approach protecting their interests. Our legal specialists work diligently and resourcefully, exploring all possible avenues for redress, while at the same time safeguarding reputations and preserving employee morale. This holistic approach not only helps to protect our clients against potentially serious monetary damages, but also against organisational failure and its broader consequences.