Areas of Practice

CORPORATE

&

COMMERCIAL

At Navinlaw, we assist clients in the setting up of business units, partnerships, joint-ventures, companies, as well as the establishment of branch or representative offices. We provide an ongoing corporate secretarial service. We procure business permits or licenses which are necessary for our clients to carry on the intended business activities such as a permit to do business which is restrictive under the Foreign Business Operation Act 1999. We represent our clients in the merger and acquisition transactions such as the legal due diligence exercise over target companies or business, the negotiation, drafting and conclusion of asset purchase agreements, agreements for acquisition or disposal of equity shares or business. We provide advice and contract documents for a broad range of cross-border transactions such as the joint venture agreement, purchase and sale of goods, agency agreement, distributorship agreement, franchise and licensing, OEM agreement, services agreements, etc. We help our clients obtain investment incentives under the Investment Promotion Act and the Industrial Estate Authority of Thailand Act if their industrial activities are eligible for an investment promotion under the Acts.

Navinlaw has been assisting clients in obtaining special permits or approvals for business activities which are controlled or regulated by specific laws or ordinances such as a factory permit, an import/export license, a transportation license, a license or permit to import, produce, sell or distribute pharmaceuticals, food and beverage regulated by the Thai Food and Drug Administration, a permit to import, export, hold or dispose of hazardous materials and a license or permit to manufacture, sell or distribute cosmetics, etc.

We also advise our clients about various restrictions under the consumer protection law, the trade competition (anti-trust) law and the law relating the fixing of price for goods and services. We have represented our clients in administrative proceedings before the Consumer Protection Board and in consumer protection lawsuits in courts of law.

TRADE REGURATION

INTERNATIONAL

TRADE

Navinlaw is particularly well placed to advise clients in anti-dumping, countervailing and safeguard investigation and proceeding. It has represented foreign clients facing anti-dumping and safeguard measures in Thailand. It has assisted clients in the initiation and in the defense of anti-dumping investigation and the safeguard investigation. It has also represented clients in the initiation of change-of-circumstances review as well as the rebuttal against the change-of-circumstances review and sunset review initiated by the Thai Department of Foreign Trade and the domestic industries.

Each lawyer of Navinlaw is licensed to practice before any court of law in Thailand. The firm has the experience and capability to represent clients in both an ad hoc and an institutional arbitration. The firm has been a regular patron of the Thai Arbitration Institute attached to the Office of the Thai Judiciary. Lawyers of the firm are capable of conducting arbitration proceeding in both Thai and English. They also represent clients in actions seeking an enforcement of arbitral award and at times challenging the validity of the award through the authority of the Thai court.

Navinlaw has had extensive experience dealing with civil and commercial litigation work, as well as white collar crime litigation. Its lawyers argue cases in both the mainstream courts of law and the specialized courts such as the bankruptcy court, labor court, tax court and intellectual property and international trade court.

DISPUTE

RESOLUTION

INSOLVENCY

Lawyers at Navinlaw have represented both creditors and debtors in debt-restructuring and workout, as well as the rehabilitation (re-organization) program. The firm has the capability and experience to represent clients in all phases of bankruptcy proceeding.

We act for our real estate clients in the purchase, sale and mortgage of real property and the registration of rights in rem. We provide legal advice to clients regarding city planning, zoning, building code, development permit. We help our client develop condo complex, housing, hotels and resorts, as well as golf-courses and sport complex.

We draft contract documents for a purchase/sale, lease, mortgage, right-of-way, servitude and usufruct transactions. We help our clients obtain leasehold right and freehold ownership in real estate. We arrange and device security interest for parties involved in the real estate transactions. We prepare construction contracts for clients and from time to time represent clients in the arbitration of construction dispute.

REAL ESTATE

CUSTOMS

&

TAXATION

As a matter of tax planning, we advise clients on matters relating to customs duty, excise tax, personal and corporate income tax, specific business tax, value added tax and stamp duty under the Thai Customs Acts, Revenue Code and Excise Tax Act. We advise exporters and importers on transfer pricing for customs purpose. We assist our clients in obtaining approvals and permits from the Customs Department for the establishment of bonded warehouses, export processing zone, customs free zone, etc. We help our clients prepare and file administrative appeals against tax and customs assessments and, if such appeals fail, we litigate against the Customs Department and the Revenue Department in the Central Tax Court from time to time.

Navinlaw advises and represents clients in collective agreement negotiation. It advises clients relating to the basic requirements under the labor protection law (e.g. maximum work hours, overtime work and work on holidays, overtime pay, annual leave, severance pay, retirement benefits, welfare) and the labor relations law (e.g. what can or cannot be done pending the effective period of the collective agreements, collective bargaining, unfair labor practice). It helps corporate clients hire and fire employees within the framework of the labor protection law. It helps employer companies prepare work rules (rules of employment). From time to time, the firm represents employees in litigating against their employers on account of unfair or unlawful termination of employment.