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Asia Newsletter (April 24, 2020)

This newsletter is the second one in a series of newsletters written jointly by lawyers in SCL Nishimura (Bangkok) and Nishimura & Asahi (Tokyo) that will cover various topics in finance related matters in Thailand.
This newsletter explains the basic legal framework of Thai law security interest over (i) real property, (ii) movable asset and (iii) shares.

*This article is also available in Japanese.

It is also available in PDF.
Finance Law Newsletter / Asia Newsletter (April 24, 2020) (877KB / 9 pages) Download PDF [878 KB]

Authors

杉山 泰成

Yasunari Sugiyama is a partner in the firm's Asset Finance Group and Agri-Food Practice Group. In the finance area, his major and unique areas include financing of movables (lease, installment purchase and secured loan), supports for overseas expansion by financial institutions, acquisition finance and domestic and cross-border real estate transactions. In particular, he has extensive experience in proposing and implementing business plans and schemes available for each target jurisdiction taking into consideration the specific civil and commercial laws and financial regulations regarding the movables and real estates in Asian, European and North and South American countries and their entity-based and geographical applicability and coverage in terms of the overseas expansion of Japanese financial institutions. Further, in the agri-food area, he aims to provide legal services for the purposes of the introduction of smart agriculture, business expansion and diversification of financing sources, development and scaling of new business such as solar-sharing and onland aquaculture business, in each case while organizing the various laws and regulations applicable to each process of value chains of the agricultural, forestry and fishery business.

原田 伸彦

Nobuhiko Harada specializes in Japanese and cross-border asset finance transactions for aircraft, vessels, marine cargo containers, factory facilities, as well as other finance transactions for real estate, M&A finance, and DIP finance. He has vast experience of JOL/JOLCO transactions for aircraft, vessels, marine cargo containers, and other assets. He also has broad experience in insolvency and business restructuring (both in-court and out-of-court procedures) of various businesses including airlines, ship owners, hotel operators, golf course operators, real-estate business operators, trading companies and their subsidiaries in Asian countries. In addition to the abovementioned fields, he has expertize in airport business and the regulatory compliance of new businesses.

ナッタロス・タンプラシ

Nuttaros Tangprasitti specialises in corporate and commercial law. She regularly assists both international and domestic corporate clients (limited liability companies and partnerships, stock corporation in several industries) on the relevant laws of Thailand, which includes foreign direct investment, legal due diligence, M&A and cross-border M&A, joint venture, compliance, banking and finance. In addition to supporting clients on the above and a multitude of different legal formalities, she also has expertise in advising on various investment promotion policies of the Board of Investment (BOI), as well as compliance with foreign business, other laws on salient points for shareholders and joint venture agreements, which includes laws on immigration and foreign work under Thai law. Nuttaros speaks at many seminars and takes an active role in educating the clients on issues relevant to their businesses and her practice areas. She also writes various articles and newsletters on cutting-edge topics in several legal areas, which are widely distributed to existing and potential clients. Nuttaros aims to ensure the lawyers on her team are constantly developing and upgrading their skills, to ensure they meet or exceed the high professional standards of Nishimura & Asahi. She is committed to ensuring that both she and our firm deliver top-quality services to our clients and strong internal support for our colleagues. She recently began drafting a manual on several aspects of Thai law, as part of an “Investment promotion scheme,” and also wrote several newsletters on corporate law, and banking and finance laws. She also recently authored an article on the impact of Tax Reduction for Land and Buildings, which received excellent feedback from our clients, particularly those who are land and building owners. Nuttaros is committed to building a strong and progressive corporate and commercial practice, which also incorporates tax law, by adapting to new ideas in the legal industry.

ナットラダ・ルアンウッティティクン

More than 6 years of experience engaging with SCL Nishimura & Asahi in Bangkok. Currently working in practice of finance, corporate and commercial (e.g. commercial contract drafting, full scale of corporate works: business incorporation, dissolution & liquidation, business and asset restructuring, M&A such as entire business transfer: EBT, partial business transfer: PBT, amalgamation, share subscription, share purchase, joint venture, and legal due diligence). Also, engaging in several speaker events as well as being visiting lecturer for Thai universities, namely, Bangkok University and Chiangmai University. 

 

Graduated Master's Degree (LL.M.) in International Tax Law and EU Tax Law from Uppsala University, Sweden, under the offer and award from the Swedish Institute Study Scholarships 2017 (SISS), and LL.B in Business Law Major from Chulalongkorn University with honour. 

 

Also, interested in business trends, investment, economics, cryptocurrencies and Web 3.0’s on-going global trend and its development e.g. blockchain, tokenomics and etc.