Areas of Practice
Real Estate Acquisition and Development
In real estate, you learn to choose your partners as carefully as you chose your land. Real estate development is our core practice; we focus on every aspect of complex transactions. We have extensive experience representing major hotel developers, high-end luxury villa developers and Fortune 500 companies. Our approach is thorough and exhaustive. We have extensive experience negotiating and drafting the following agreements:
- Purchase of Raw and Semi-Improved Land
- Purchase of Commercial Development Sites and Industrial Estate Land
- Long-Term Ground Lease Agreements
- Joint Ventures Agreements
- Subscription Agreements and Shareholder Agreements
- Architect and Design Agreements and Construction Agreements
Representative clients include Aman Resorts and Amanpuri Hotel, Southern Land Development Company, Maxim Integrated Products, Baan Kamala Group and Maha Resort Group.
Sale and Purchase of Villas, Homes and Condominiums
Whether you're buying a Bangkok condominium or Phuket villa, we can advise on the correct structure, perform the research and due diligence, draft the agreements and attend the Land Office. In short, we'll help you secure your own piece of paradise and your peace of mind. We have advised on transactions in many Phuket projects including Laguna, Trisara, Amanpuri, Laemson Resort, Baan Rajprasong, Andara, Aleenta, Yamu, Royal Phuket Marina, and others.
Resorts and Hotel Developments
Representation of hotels and resorts involves more than the usual real estate skills. Our lawyers have extensive experience in resort and hotel developments in Thailand as well as the USA and China. From the planning stage, due diligence, project finance, joint venture agreements, construction contracts, management agreements, sale and purchase of on-going resorts, franchise agreements, we have the knowledge of the law and local custom and practice.
Marina Development
Following extensive marina development work in California with Pacific Union, Tsar Mulvana initiated a marina development in Phuket in 1991. Since then we have been engaged in marina developments in Phuket, Bangkok and other provinces. While optimistic about the future of the marina industry in Thailand, we are perhaps uniquely cognizant of the practical and regulatory challenges to marina development. We are currently advising on several marina developments and hope our clients can make a major announcement soon.
Land Titles, Land Uses and Environmental Law
When developing a resort or marina in Thailand, you will need a land law expert from the beginning. Land titles, encroachments, rights of way, land use restrictions, roads and access, water rights, utility easements, national park restrictions, forestry regulations, marine park laws, and harbor department rules. There are no substitutes for access and drainage.
Design and Construction Contracts
Construction contract practice in Thailand requires an understanding of law and practice, Thai construction, construction licenses, building permits and town planning. We draft comprehensive construction contracts with realistic benchmarks, and can assist in the application for permits. We prepare owner-architect agreements, interior design agreements, and builder-contractor agreements.
Project Sales and Leasing
All real estate transactions require legal documentation. In Thailand, where transactions often involve complicated long-term leaseholds of the land and separate agreements for the structures, legally sufficient documentation is even more important. We have extensive local experience and skill with drafting full sets of coordinated transaction documents. Ground lease agreements, villa letting agreements, rental pool management agreements, and agreements to construct and convey. We would be pleased to prepare a full set of coordinated "off the plan" documents for new projects.
Entities for Real Estate Investment
Property investments in Thailand begin with decisions about the entity. Based on the particular aspects of a project, we may advise on the best use of corporations and joint ventures. We have extensive experience with joint venture agreements, shareholder agreements, subscription agreements and partnership agreements. In addition, we handle foreign and offshore companies for particular purposes. It is especially important to our international clients that we propose structures that comply with the Foreign Business Act and Land Act.
Corporate Structures and Tax Planning
Of equal importance in all transactions is a thorough knowledge of the future tax consequences of ownership or sale. Tax planning is an implicit element in all our transaction services.
Mergers and Acquisitions
We have advised and counseled on mergers, asset acquisitions, and shares acquisitions. We advise on deal structures from takeovers, divestments, take privates and demergers. Our M&A focus is in the property sector, but we have also done significant work for financial institutions, media companies, and private equity. Our success in M&A centers on our unrivalled efforts in due diligence. Representative clients include BancBoston Capital, Bank of America, Aberdeen Asset Management, ThaiTicketMaster, Thaigem, and OnAsia Images.
Complex Business Transactions
We take special pride in drafting bespoke contracts for any transaction. Asset sales, technology transfers, software licenses, franchises, or any transfer involving complex assets or contingencies.
Hotel and Hospitality Law
We have represented hotels, hotel management companies and hotel investors for decades. Service agreements, management agreements, innkeeper liabilities, insurance matters, employment and labor law, tax matters, disputes with vendors, and more. We have answers to questions from the COO to the GM.
Yacht Management Services
We offer custom management solutions to charter operators. Company secretarial services, registered office, local representation, charter agreements, accounting services, signatory services, regulatory liaison, and ancillary services.
Due Diligence and Reviews
We perform comprehensive due diligence research with respect to transactions, and we review transactional documents and structures.
Alternative Dispute Resolution
We recognize that the best solution to a problem can often be preventing it from happening in the first place. By careful planning and meticulous drafting, we aim to create a legal environment where our clients are protected from conflict. And by helping our clients develop the skills for resolving their own disputes - we help clients keep the costs of conflict resolution to a minimum. We also act as counsel for all types of dispute resolution, whether in arbitration, mediation or litigation.
Litigation
There are situations that require swift and aggressive legal action. While many disputes can be settled without trial, we are not disinclined to file suit. We are instructed frequently by our clients to bring actions in the courts of Thailand to settle claims. We have litigators on staff and also engage outside counsel. While we generally limit our litigation to the areas of our expertise, we prepare aggressively and thoroughly.
DISCLAIMER
The choice of consultant is extremely important and should not be based on advertisements. All potential clients are urged to make their own independent investigation and evaluation