firm profile 2017 - asia cambodia law...

Asia Cambodia Law Group, # 64, St. 592, BeungKak II, Khan TuolKork, Phnom Penh, Cambodia, [email protected], www.aclf.com.kh |Tel:855 23 885 335/ 855 23 885 336

1

FIRM PROFILE

2017

COMMITMENT EXCELLENCE INNOVATION

Our Offices:

PHNOM PENH HEAD OFFICE SIEM REAP BRANCH OFFICE

Address: # 64, St. 592, BeungKak II, Khan TuolKork, #27-28, St. Preh Sangreach Tep Vong, Mundul2,

Phnom Penh, Cambodia Angkor City, Siem Reap Province

H/P: 855 23 885 335, 855 23 885 336 Tel: 855 23 885 335, 855 23 885 336

E-mail: [email protected] E-mail: [email protected]

BATTAMBANG BRANCH OFFICE SIHANOUKVILLE BRANCH OFFICE

Address: #04-05, St.1, Kamakor Village, Sangkat SvayPor, Group 4, No.3 village, Sangkat No.4,

Battambang City, Battambang Province. Sihanoukville Province.

Tel: 855 23 885 335, 855 23 885 336 Tel: 855 23 885 335, 855 23 885 336

E-mail: [email protected] E-mail: [email protected]


2

PRESIDENT’S MESSAGES

Dear Valued Clients and Partners,

Following the global financial crisis triggered by sub-prime mortgaged loan in the United

States of America, the world economy is still experiencing financial setback severely

affecting prospects of equitable and sustainable development. We see how vulnerable

businesses can be, especially without informed legal advice and consultations. The words

“creditability, accountability, and reliability” are among the key principles that long-term

businesses and investments need to re-value. Big corporations, banks, financial institutions

and businesses start to invest in quality information and professional legal consultation to

minimize and mitigate potential risks and future losses.

The world is changing constantly and presently the investors worldwide are eyeing on Asia

and Africa for production bases, resources and markets. They build more cooperation and

diplomatic relations with developing countries such as Cambodia and other ASEAN

members while facing with the so-called weak rules of law and judicial systems. Such

developing economy has great potentials in providing both competitive production

resources such as labor and natural resources and potential for expanding the markets for

their finished and semi-finished products. Sound, reliable, and informed legal advice and

defense are what existing and prospective investors resort to rely on.

Our key clients are from different business sectors and different parts of the world. They

include banking and financial institutions, Real Estates and Construction companies,

Investment companies as well as those from beverage and garment industries such as

brewery, text-tile and footwear factories.

ACLG has a team of dynamic legal professionals with combined qualifications, experiences,

expertise and professional integrity who stand ready to help advising and protecting lawful

interests of the clients and investors in a number of practice areas. Our focus practice areas

are Corporate and Commercial Registrations, Banking and Financial Transactions, Real

Estates and Construction, Intellectual Properties (trademark, trade-name, industrial

design, innovative patent, utility model certificate, and copy rights), movable property and


3

secured transactions, labor and industrial relations, civil and criminal matters, family and

marriage, investment (processing investment permit & due diligence), contracts (negotiate,

draft, review, translate and certify), commercial and labor disputes (represent clients at

court and arbitration proceedings), litigations (represent/defend clients in civil &

commercial cases), security and stock exchange, and taxation. We live here and know how

successful businesses are operating. We have licensed lawyers, legal advisors, and

experienced legal and administrative assistants who have built and maintained productive

network with relevant governmental and private institutions to speed up our clients’ work

in a timely and cost-effective manner.

We, ACLG, are ready to serve and work with you on legal matters within the scope of our

practice areas and are looking forward to see you at our head office or provincial branch

office closest and most convenient to you. If you have legal questions or concerns, we help

find answer or best solutions. Your success, satisfaction or well-being is our honor and

happiness. For any further enquiry about our group or/and services, please visit our office,

email or call to consult with us.

Best Regards,

Seng Vuoch Hun, Attorney at Law


4

ABOUT US

Asia Cambodia Law Group (Also known as ACLF) was established & founded by licensed

Attorney Seng Vouch Hun in 2006. ACLF is one of the leading and largest full service law firm

offering legal services over a wide spectrum of industry verticals, with offices in Phnom

Penh, Siem Reap, Battambang and Sihanoukvile. ACLF is closely working with its Korean

Partner, LOGOS Law LLC Korea, East West Group Australia and Indochine Counsel Vietnam

to provide seamless, high quality representation in the respective jurisdictions to its

clients. ACLF has set a high benchmark for providing highly innovative and effective legal

services. Through its continued success in negotiating complex deals and resolving high-

stakes disputes, the Firm is widely recognized for its legal prowess in both transactional

and litigation matters in Cambodia.

ACLF provides international standard legal advice and documentation for foreign investor

operating in or looking to invest in Cambodia. ACLF specializes in representing major

foreign and domestic industries with diverse business interest in Cambodia in various

industry sectors. ACLF advises leading domestic as well as international companies,

financial institutions, and government on wide array of matters ranging from Corporate

M&A, private equity, banking and finance, project, infrastructure, tax, intellectual property

rights and dispute and litigation. Our approach is commercially focused and adapted to suit

changing economic and regulatory situations.

Seng Vuoch Hun, Founder and President of the firm is based in Phnom Penh head office

and supported by a talented team of local and foreign lawyers. With extensive commercial

legal experience our senior lawyers and advisors always take a practical and problem

solving approach. The Firm’s philosophy and commitment towards its clients embraces the

highest levels of accessibility, integrity, quality and responsiveness as well as an extremely

proactive approach.

ACLF has developed significant area of practice including Banking, Project Finance,

Commercial Law, Employment Law, Land Law, Company Registrations, Joint Ventures,

Loan Agreements and Commercial Arbitration. Our clients acknowledge and recognize

ACLF for the professionalism and commercial perspective we bring to transaction, our

ability to manage transaction in an efficient and cost effective manner and our ability to

resolve demanding transactional and legal issues.

In particular, we have specialist expertise in inbound and outbound investment and Project

Finance in Cambodia.


5

Our Mind and Hearts

ACLG has been working collaboratively with our Korean Partner, LOGOS LAW LLC, to serve

local and foreign residents and investors in a number of key practice areas such as

Corporate and Commercial Registration, Banking and Financial Transactions, Real Estate

and Construction, Movable and Immovable Securities, Labor and Industrial Relations, IPRs,

Civil, labor, commercial and Criminal Litigation, and Family and Marriage. With extensive

experience of legal practice, our legal professional team of practicing lawyers, senior legal

advisers and outstanding legal officers stands ready to provide professional, practical

and timely legal services to meet our clients’ need and handle their problems and concerns

effectively.

Asia Cambodia Law GROUP (ACLG) keeps the following slogans in our mind and heart

when we are dealing with our partners and serving our clients:

Our Team

Our greatest asset of all is our talented, dedicated and highly experienced team of attorneys. Our

multi-lingual team possesses a combination of considerable commercial and civil law expertise.

We combine discipline and flexibility in our provision of services, take a business approach to

the practice of law and are passionately committed to achieving our clients’ commercial and

legal needs. Our members compose of practicing lawyers, Cambodian and foreign advisors and

consultants, officers including litigation officers, loan officers, corporate officers, taxes officers,

IP officers, Admin officers, and accountants. We team up our members in accordance with their

expertise, knowledge and responsibility for different practice areas and services. Our key and

leading members are:

President and Partner:

1. Mrs. Seng Vuoch Hun, Attorney at Law, Commercial & Labor Arbitrator

2. Mr. YIN Sarom –Partner and Attorney at Law

1. Clients, investors and public services providers are our lives and partners.

2. Adherence to the principles of professionalism, diligence, and partnership is a

key to success.

3. Fair contracts and effective ADR are necessary elements for business success.

4. Free market development requires rule of law and competent legal

professionals.


6

Lawyers:

1. Ms. KEA Sophal - Attorney at law

2. Ms. ANN Vireak - Attorney at law

3. Mr. TEP Sovann - Attorney at law

4. Ms. CHONG Botum - Attorney at law

5. Ms. CHHAOM Vourchly - Attorney at law

6. Ms. NGAN Touchsophorn - Attorney at law

7. Mr. HENG Rithy - Attorney at law

8. Mr. Ham Mony - Attorney at law

9. Mr. IM Sophanna - Attorney at law

10. Mr. PHO Boranith - Attorney at law

Advisors & Consultants

1. Ms. SEA Theary, LL.M

2. Ms. Pech Seila, LL.M (from Korea)

3. Mr. Sandip Bhosale, LL.M (India)

Legal Officers

1. Mr. Has Bunthorng, Senior Legal Officer

2. Ms. Tan Serey Neath, Senior Legal Officer

3. Ms. SENG Vouchthy - Senior Legal Officer

4. Ms. Som Mony Neath, Legal Officer

5. Mr. Thin Bunthan, Legal Officer

6. Mr. Ry Sokleang, Legal Officer

7. Mr. Von Lort, Legal Officer

Our Practice Areas

GENERAL CORPORATE AND COMMERCIAL

Company Registration and Operation

We have experience with all aspects of company registration and operation in the

Cambodia, including: Company registration, Shareholder Agreements, Joint Venture

Agreements, Sale and Purchase of Shares, Articles of Association, Advising on business


7

plans as part of the company registration process, Advising on company listing on the Stock

Exchange.

ACLF has an active corporate practice, including transactions related to domestic and

cross-border M&As, strategic and private equity investments. The range of services

includes advising on structuring of transactions, conducting due diligence, drafting and

negotiating transaction documents, obtaining governmental and regulatory approvals,

structuring of focused funds and advising on diverse legal and regulatory issues arising in

relation thereto. ACLF has experience in handling corporate and commercial laws related

transactions in diverse sectors, including structuring of joint ventures, identification of and

negotiating with joint venture partners, technology transfers and licensing & technical

assistance / service arrangements, governmental and regulatory approvals and foreign

investment policy issues, establishing commercial arrangements, structuring sales and

distribution networks and other commercial networks, agreements and arrangements. The

firm renders legal services on pre and post company incorporation procedures and

regulatory compliances.

With richness of natural resources, low-cost and motivated labor force, simplified and

more investor-friendly procedure, and advantage of investment incentives and other tax-

related benefits offered to Qualified Investment Projects (QIPs) under the Law on

Investment, Cambodia is a targeted country for foreign investors. Our legal team has

developed strong network and capacity to provide clients practical legal advice on how to

obtain investment permit and QIP status from the Council for Development of Cambodia

(CDC), and concerned institutions for both public and private investments. We have

enormous legal advisors with good knowledge of investment issues to help us provide

investment due diligence advice to clients, process application for investment permit and

give customized and explicit explanation on investment incentive and other tax-related

benefits of QIPs.

Land due Diligence, Real Estate and Construction

With the rapid expansion and growth of real estate development and construction sector in

Cambodia, we advise or assist clients in all aspects of real estate related issues including

drafting or reviewing land/house sale and purchase agreement and long-term/perpetual

lease agreement, processing transactional documents and property ownership transfer

with local authorities and Cadastral Administration, application for registering hypothec

(mortgage), pledge or perpetual lease on property title certificate and Land Register,

conducting due diligence survey on complex real estate site, title and burden search and


8

filing legal documents for real estate transactions of Cambodia; We provide service of Legal

due diligence, in relation to the acquisition of an equity share in an agricultural concession

project in the Kingdom, Legal due diligences for equity acquisitions of international service

providers and concession projects operating in the Kingdom of Cambodia. Our team also

focuses on providing legal advice to foreign clients on how to legally and securely use or

acquire land and apartments in Cambodia. A part from this, we advise our clients on

matters related to construction business requirements and practice in Cambodia, and

provide legal service on processing for construction permits and real estate development

license with the with Ministry of Land Management, Urban Planning and Construction and

the Ministry of Economy and Finance.

Intellectual Property

The protection and defense of your idea, innovation, invention or business process in the form of copyrights, patents and trade secrets is crucial to your success as an artist, business owner, entrepreneur, or executive. ACLF provides comprehensive IPR services including Trademark registrations, patent and industrial design registrations, and copyright protection; transaction assistance, prosecution and litigation. Well connections with the worldwide law firm also enable us to provide efficient and effective advice for trademark protection in various countries in accordance with contemporary IP issues. Our attorneys and associates will provide you with professional advices before filing trademark/design applications. Our mottoes are accuracy, timely and cost effective. Firm also has the expertise to advise on areas that directly or indirectly touch upon IPR, such as Trade-marks; Copyrights; Patents; Designs; Trade-secrets; Geographical Indications; Domain Names; Franchising; Anti-counterfeiting; Passing-off; Infringement etc.

International Arbitration & Alternative Dispute Resolution

We regularly participate and offer assistance, representation and advice, in domestic and

international arbitration and mediation for individual and corporate clients at all stages of

the arbitration process, negotiations, the conduct of arbitral proceedings, advocacy at trial,

and the challenge and enforcement of arbitral awards. Our lawyers have the expertise in

handling the following matters in Arbitration and Mediation:

Full Advocacy and Counseling Services

Drafting Arbitration and Mediation Clauses

• Arbitration Disputes

• Contract Disputes

• Contract Negotiation

• Contract Review

• Corporate & Partnership Disputes


9

• Construction Disputes

• Dispute Resolution Clause Drafting

• Employment Disputes

• Franchise & Distribution Disputes

• Mediation Disputes

• Real Estate Disputes

Banking & Finance

Our firm has handled a significant volume of high-value and profile international

transactions related to acquisition and project finance, refinancing, real estate financing,

syndicated and bilateral lending, acting as Cambodian law counsels for both lenders and

borrowers. Our services include:

• Reviewing or drafting of project finance and security documentation

• Advice on the priority, perfection and enforcement of different types of securities

• Advice on corporate and tax matters

• Advice on stamp duty and proper execution of documents

• Advice on conflict of law issues

• Issuance of the relevant legal opinions covering corporate power authority and the

legality, validity and enforceability of the Cambodia law governed documents.

Firm also assist with inbound and outbound funds transfer or remittance of business profit,

and advise on transfer of shareholding in banks or financial institutions, accessing or

granting secured financing based on movable or immovable property, restructuring of loan

and debt collection, processing loan and security documents, registering of collateral

(movable or immovable property) with competent authorities, and seeking enforcement of

security in case of default. The clients include leading banks, financial institutions, Micro

Finance institutions and financial leasing companies.

Dispute Resolution

The firm has a strong Commercial Litigation team with knowledge base in all forms of

dispute resolution which works toward making the process hassle free for the clients and

ensures that disputes are resolved efficiently and cost effectively. ACLF also provide service

of defending clients in civil and criminal cases before the competent court. Our associate

lawyers receive professional, timely and efficient support from our legal advisors and

officers in legal research, case memo preparation and oral defend at the court sessions. We

also provide practical advice to our clients on litigation issue in order to ensure the best

interest of the clients is protected.


10

Taxation

ACLF team of lawyers with tax expertise provide advice to clients on all kind of business

and property related to taxes for doing business in Cambodia, Firm assist from the business

setting up stage to expansion, tax counselling, tax filling and declaration, tax audit and

dispute settlement.

Non-Governmental Organization/INGO

We offer various legal services to NGOs with their concerns on NGOs legislations including

compliance with Cambodian laws and regulations, NOG registrations, training and

advocacy etc.

Labor and Employment

The firm advises both domestic and international clients on the complex regulatory and

legal aspects of employment and labor law in order to enable full compliance with all the

applicable laws and provisions. ACLF assists clients in drafting labor contracts and related

documentation, advising on labor registrations and compliances with governmental

authorities. Our team of lawyers also provides support in the resolution of labor disputes.

The group predominantly represents companies and their management on employment

related projects and litigation.

Civil Laws

Our team of attorney are registered at Bar and are expert at handling complex commercial

legal issues, but we also regularly assist individuals with family law matters, including but

not limited to Marriage, Divorce, spousal alimony Wills and Adoptions, post-divorce

property division, child alimony and custody, succession, testament, neighbor dispute,

perpetual/long term lease, commercial lease, financial lease, commercial contract,

franchise contract etc. We pride ourselves on serving our individual clients with the same

high-quality service that we provide in large, commercial matters.

Legal Service Fees

We provide quality and on-time legal services with competitive prices, and we strive for

the solutions that we offer to meet our clients’ expectations. The fee components of our


11

services will greatly vary depending on the types of legal services requested by a client as

well as the complexity of the legal issues. ACLF will gladly provide the fee components in

accordance with your needs. ACLG’s fee and tariff structure can be negotiated with each

client to suit their needs. Among others, the importance, urgency and intricacy of the work

are factors taken into account in determining the exact fee structure or hourly tariffs.

Affiliations:

ACLG is closely working with its number of partners in other Jurisdictions.

KOREA

While Korean investors are increasingly interested in and coming to invest in Cambodia in numerous

sectors including corporate, banking, investment, properties, construction, taxation, and becoming a major

contributor to Cambodia’s economic development, we have built cooperation with LOGOS Law LLC,

one of the best Korean Law Firm in South Korea. This cooperation is providing us as well as our clients

an international experience and trustful legal profession and services.

LOGOS Law LLC

Korea City Air Tower B/D 14 – 17, 19F 159-9

Samsung-dong, Kangnam-gu Seoul, Korea 135-973

Website: www.lawlogos.com

AUSTRALIA

When finding that there several clients from Cambodia are are seeking for opportunity to live and/or to

operate their business in Australia and some of those from Australia are seeking for opportunity to operate

thier business and to purchase properties in Cambodia, ACLG and EWG which consists of East West

Lawyers, a highly specialized business migration and international trade law firm based in Sydney and

East West Consulting which specializes in Business Management Consultancy advisory services, has

expanded theire cooperation with each other in providing a standard legal services to those clients.

EAST WEST GROUP

Suite 4, 203 Canley Vale Road Street Canley

Heights NSW 2166, Australia

Website: www.eastwestlawyers.com.au

VIETNAM


12

ACLG and IC has cooperated each other in providing high quality and effective legal services to the

Vietnamese investors who are operating business in Cambodia especially in field of corporate, banking,

investment, security market, property, concessions, international trade, and dispute resolution, and to

those from Cambodia who seek for opportunity to invest in Vietnam

INDOCHINE COUNSEL

Unit 305, 3rd Floor, Centec Tower, 72 -74 Nguyen

Thi Minh Khai, District 3, Ho Chi Minh City,

Vietnam,

Website: www.indochinecounsel.com

CONFLICT OF INTEREST

ACLG practices according to a strict “no conflict of interest” policy to avoid any prejudice,

actual or potential, to its clients.

For questions and further discussion, please do not hesitate to contact us on our e-mail

at [email protected]

WE WILL GLADLY RESPOND TO YOUR INQUIRIES AND IF YOU WOULD LIKE TO DISCUSS

FURTHER, PLEASE DO NOT HESITATE TO CONTACT US:

http://www.indochinecounsel.com/

firm profile 2017 - asia cambodia law...

Documents