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FOREIGN DIRECT INVESTMENT DFDL Mekong’s core business is advising on foreign direct investment projects in the Mekong region. Our lawyers and advisers have assisted in some of the most challenging and complex investment projects with successful results in Lao PDR, Cambodia, Myanmar, Thailand and Vietnam. We have guided foreign investors with various types of commercial structures, including: 100% foreign owned companies, joint venture, partnership, representative office, branch and Build Own Transfer (“BOT”) schemes.
Our main objective is to facilitate and guide foreign investors in complying with the requirements of local laws as well as advising on the practical aspects of investing in each country of the Mekong region. We also assist our clients in dealing with government entities and local partners. In this endeavor, we have prepared and drafted detailed documentation, complying both with international standards and local legislation, which ensure that the regulatory and contractual rights of the foreign investors are duly protected.
NEW BUSINESS VENTURES
For new business ventures, we provide general investment structuring advice, including advice on taxation. We also document the investment structure, from company statutes to shareholders’ agreements, assist with the licensing process and advise on all down-stream issues, including labor, environmental and tax compliance, commercial agreements, and dispute resolution. This is a level of assistance that no offshore firm can provide. MERGERS & ACQUISITIONS We believe that firms without an established presence in the region will be hard pressed to provide such comprehensive assistance. Many foreign investors will invest in the Mekong region by purchasing an equity stake in, or the assets of, an existing business. For such investors, our scope of assistance is somewhat different than it is for "New Business Venture" investors. We provide due diligence investigations on the target company, advise on the best transaction procedures, negotiate and document the purchase, handle any restructuring, tax issues, labor transfers and assist the new entity with any operational difficulties and issues.
We have assisted many well known multinational and regional clients with successful investment in the Mekong region. Please click on the links below for more detailed information on our project experience. JOINT VENTURES Joint venture investments usually take the form of joint ventures with the government, called "Business Cooperation Contracts", or joint ventures between two locally registered entities to undertake a common project. The key to a good joint venture is well planned management and allocation of tax liabilities, clear identification of ownership and rights to assets, clearly articulated and accepted obligations of the parties (especially financial obligations) and a well planned exit strategy, including enforceable dispute resolution provisions. A comprehensive and clear joint venture agreement is the basis for a successful joint venture project. BUILD OWN TRANSFER (BOT) This type of investment is used primarily in the infrastructure and energy sector. However, it can be used where a private business is building and/or operating state or "public" assets. Toll roads, bridges and airports are common examples. As is the case of joint ventures, BOT investments, are heavily dependent on negotiating a fair, clear and comprehensive agreement with the other contracting parties. A BOT may also require the creation of a separate legal entity in the country of investment, while a joint venture may not involve the formation of a new entity. For a list of DFDL Mekong's clients and projects in these areas, please click on the link below.
Major Projects
Clients
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