Quantcast
Channel: DFDL
Viewing all 2158 articles
Browse latest View live

Kyi Nyein Chan

$
0
0

Kyi Nyein Chan is a legal adviser based in our Yangon, Myanmar office. She graduated with a Bachelor’s degree in Law from Yangon University of Distance Education in 2009. Prior to that, she acquired a Diploma in Information Technology from the same University.

The post Kyi Nyein Chan appeared first on DFDL.


Philippine Legal Alert: Update on Public Bidding Rules at the Dept of Transportation

$
0
0

Contributed by Ocampo & Suralvo Law Offices

Philippine Department of Transportation Issues Rule Disqualifying Companies with Pending Cases against the Philippine Government from Participating in Public Bidding for Transportation Projects

The Department of Transportation (“DOTr”) has issued a Memorandum dated June 26, 2018 which disqualifies bidders with pending case/s against the Philippine Government from participating in all public biddingsconducted by the DOTr.

Click here to download the complete alert.


Contacts

Atty. Christine V. Antonio
Partner – Projects and Infrastructure
cantonio@ocamposuralvo.com
Ocampo & Suralvo Law Offices


The information provided here is for information purposes only, and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.


Read more Legal & Tax Updates

Read more about DFDL

Read more about DFDL in Philippines 

The post Philippine Legal Alert: Update on Public Bidding Rules at the Dept of Transportation appeared first on DFDL.

DFDL Thailand Facilitates a Major Wind Energy Project Sale

$
0
0

Rashane Leerabandhu (Partner) and Preedilada Srithong (Legal Adviser) recently represented the seller on their sale of its entire shareholding of Lom Ligor Co., Ltd. to BCPG PLC. Lom Ligor is the developer of a wind farm project in Nakorn Srithammarat which is currently at the development phase. The entire project is valued at approximately THB 8 Billion.

DFDL Thailand’s team played a pivotal role in providing innovative solutions to tackle several complex legal issues that the seller faced. Dr. Sumet Suttapukti, CEO of Lom Ligor, expressed his appreciation to the team for their efforts and thanked them for facilitating the smooth passage of this deal.


DFDL Contacts

Rashane Leerabandhu

Partner, DFDL Thailand

rashane@dfdl.com

Preedilada Srithong

Legal Adviser, DFDL Thailand

preedilada@dfdl.com


Read more about DFDL Thailand

Read more about DFDL 

Read more News

The post DFDL Thailand Facilitates a Major Wind Energy Project Sale appeared first on DFDL.

DFDL Discusses New Thai Regulations on Cryptocurrencies and Digital Assets in Bloomberg Article

$
0
0

DFDL’s Kunal Sachdev, Regional Legal Adviser, Jonathan Blaine, Thailand Tax Director, and Patipan Kongviriyagit, Thailand Senior Tax Manager jointly contributed an article featured in the June edition of Bloomberg Tax entitled ‘Digital Assets in Thailand: Regulating the Blockchain Asset Market’.

This article follows in the wake of recent legislative efforts by the Thai government to impose a regulatory and tax regime on cryptocurrencies along with other types of digital assets. These legislative efforts in May 2018 took the form of the Emergency Decree on Digital Asset Businesses 2018 (‘‘EDDAB’’) and the Emergency Decree on the Amendment to the Revenue Code 2018. The main thrust of this article involves outlining these new forms of assets to the uninitiated, describing the funding mechanisms for these assets such as Initial Coin Offerings (“ICOs”), and who the relevant stakeholders are, such as exchanges, brokers, and dealers. Crucially, this article goes on to discuss the Thai tax implications that these digital assets will now become subject to by virtue of this new legislation.

To read the article, please click here.


DFDL Contacts

Jonathan Blaine

Tax Director, DFDL Thailand

Jonathan.Blaine@dfdl.com

Patipan Kongviriyagit

Senior Tax Manager, DFDL Thailand

Patipan@dfdl.com

Kunal Sachdev

Regional Legal Adviser, DFDL Thailand

kunal@dfdl.com


Read more about DFDL Thailand

Read more about DFDL 

Read more News

The post DFDL Discusses New Thai Regulations on Cryptocurrencies and Digital Assets in Bloomberg Article appeared first on DFDL.

Going Digital – A New Frontier for Money |India Thai Chamber of Commerce | 05 July 2018 | Bangkok

$
0
0

Is your business prepared for disruption? Gain insights into the digitization of money, including challenges and opportunities of this new frontier.

Schedule

  • 6:30pm – 7pm: Meet and Greet Networking
  • 7pm – 7:10pm: Welcome by ITCC President
  • 7:10pm – 7:30pm: Intro to DeeMoney – Digital Money Transfer by Aswin Phlaphongphanich, CEO of SawasdeeShop, Founder of DeeMoney.
  • 7:30pm – 8:15pm: Panel Discussion – Evolution of Money: Cash, Cashless and Crypto! Where are the opportunities?
  • 8:15 – 8:30pm: Q&A
  • 8:30pm: Dinner & Cocktails

Date: 05 July 2018

Time: 6:30pm onwards

Venue: India Thai Chamber of Commerce
Soi 1, Sathorn Rd, Thung Maha Mek, Sathon, Bangkok 10120

Dinner and Alcoholic Beverages will be served.

Panel Speakers:

Vinay Ahuja
Partner; Head of DFDL India Desk; Deputy Head of Regional Banking and Finance Practice
DFDL Thailand

Aswin Phlaphongphanich
CEO of SawasdeeShop, Founder of DeeMoney

Ravi Sethi
COO of Silk Krypto

Harprem Doowa
MD & Co-Founder of Frank.co.th, Co-Founder of Orami

Alexi Lane
CEO & Founder of Everex

Moderator:

Rasmegh Srisethi
MD of SawasdeeShop, Co-Founder of DeeMoney

 

Register now!

The post Going Digital – A New Frontier for Money |India Thai Chamber of Commerce | 05 July 2018 | Bangkok appeared first on DFDL.

Walter Heiser, Chairman For The Conference Project Financing Thailand 2018

$
0
0

On 7 June 2018, Walter Heiser, DFDL Partner, served as Chairman for the conference “Project Financing Thailand 2018” which was held in Bangkok.  He also presented on “Minimising Legal Challenges in Emerging Market Financing”. Walter’s presentation focused on deal killers to avoid, the appropriate security package, credit enhancement options, work-out scenarios and issues on foreclosure and enforcement.  The presentation was well received by the attendees and the event Sponsors. 


DFDL Contact

Walter Heiser

Partner, DFDL Thailand

walter.heiser@dfdl.com


Read more about DFDL Thailand

Read more about DFDL 

Read more News

The post Walter Heiser, Chairman For The Conference Project Financing Thailand 2018 appeared first on DFDL.

Nishant Choudhary Recently Quoted in Myanmar Times

$
0
0

Nishant Choudhary, DFDL Myanmar Deputy Managing Director was recently quoted in a Myanmar Times article on reforms taking place in the retail and wholesale sector. The ministry is now considering limiting the scope of foreign investors and/or JVs by imposing additional restrictions. Our expert was responding to the question “If the ministry issues an amendment to limit foreign investments and/or JVs, how will this affect potential inward FDI?”

Nishant observed that the government had deviated from the policy that it originally announced, with potentially negative implications on investor confidence and continued growth momentum in the country.

Click here to read the full Myanmar Times article.


DFDL Contact

Nishant Choudhary

Deputy Managing Director, DFDL Myanmar

Nishant.Choudhary@dfdl.com 


Read more about DFDL Myanmar

Read more about DFDL 

Read more News

The post Nishant Choudhary Recently Quoted in Myanmar Times appeared first on DFDL.

Seka Hep

$
0
0

Seka has extensive regulatory expertise specializing in corporate law and is the Head of our Cambodia Real Estate Practice Group.  Seka assisted major property projects and acted on significant commercial, industrial and residential developments in Cambodia. Her excellent liaison functions and relationship building with Cambodian Ministries and authorities have proven to be instrumental in a variety of projects and transactions. She holds a Master 2 of Business Comparative Law (LL.M.) from the University Lumière Lyon 2, France, which included an exchange program at University of Montreal, Canada.

The post Seka Hep appeared first on DFDL.


Cambodia Legal Update June 2018

$
0
0

REAL ESTATE

PRAKAS NO.087 DATED 11 MAY 2018 ON LAND DEVELOPMENT FROM THE MINISTRY OF LAND MANAGEMENT, URBAN PLANNING AND CONSTRUCTION

The Prakas No. 087 aims to determine measures addressing both private and public land development in Cambodia:
– Mechanisms, formalities and procedures on land development;
– Technical conditions of land development to ensure decent public infrastructure for public green spaces, public facilities including for people with disabilities, elderly people, and children; and
– Conditions of green development and disaster prevention.

The Prakas No. 087 essentially defines the terms of land development, conditions and procedures to obtain and issue approvals on land development, the competent authority, rights and obligations of land development, conditions on state land development, land development complaints and penalties for conducting land development without required approvals.

Importantly, the Prakas specifically determines 12 types of land development projects that require prior approval from the competent authority to ensure accurate technical land and urban management (“Approval on land development”):

  1. change of type of land usage for construction plans;
  2. land subject to the modification of land parcel projects;
  3. land lot division projects; 
  4. re-zoning of land;
  5. city development projects;
  6. residential or condominium development projects;
  7. commercial and/or servicing zones and multiple zone development projects;
  8. industrial zones, industrial parks and factory projects;
  9. special economic zone projects;
  10. structure development of city projects;
  11. tourist development zone projects;
  12. other development plans.

The projects below will not require approvals on land development, except zones that are regulated by specific regulations.

  1. land development of agricultural zones for the residential construction;
  2. factory construction in locations with an economic land concession; and
  3. construction of factories for agricultural purposes;

Approvals on land development are valid for two years from the issuing date, and renewable for one year. The renewal can only be issued twice. Non-compliance with this requirement is subject to a penalty prescribed by Chapter 8 of this Prakas.


The information provided is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situation.

For further inquiries, please contact cambodia@dfdl.com.


Read more Legal & Tax Updates

Read more about DFDL

Read more about DFDL Cambodia

The post Cambodia Legal Update June 2018 appeared first on DFDL.

Mid-Year Review Seminar

$
0
0

On 5 July, Clint O’Connell, DFDL Partner and Head of the Cambodia Tax Practice, spoke at an event on recent tax developments in Cambodia, focusing on VAT refund procedures, Transfer Pricing, DTAs, and Tax Audits. This Mid-Year Review was organized by the Australian and Indian Chambers of Commerce in Phnom Penh. This joint chamber seminar offered guests the opportunity to hear from industry experts on how Cambodian and ASEAN region economies have performed throughout the first half of the year; how the various business sectors in Cambodia have performed, and what can be expected in the coming months.


DFDL Contact

Clint O’Connell

Partner, Head of Cambodia Tax Practice Group

DFDL Cambodia

clint.oconnell@dfdl.com


Read more about DFDL Cambodia

Read more about DFDL 

Read more News

The post Mid-Year Review Seminar appeared first on DFDL.

DFDL Assists Jinju Ham on its Acquisition of a 25% Stake in Saigon Nutri-food JSC

$
0
0

We are pleased to announce that DFDL successfully assisted Jinju Ham, a South Korean meat processing company, on its acquisition of a 25% stake in Saigon Nutri-food JSC to form a joint venture with Vietnam’s major FMCG Masan Consumer Corporation. The entity will be renamed “Masan Jinju”. The team advising on Vietnam legal matters on the deal included Jerome Buzenet, Hoang Phong Anh and Phan Thi Trang Dai.

Congratulations to the team for their excellent work.


DFDL Contacts

Jerome Buzenet

Partner, Managing Director

DFDL Vietnam

jerome.buzenet@dfdl.com

Hoang Phong Anh

Country Partner, Head of Hanoi Office

DFDL Vietnam

phonganh.hoang@dfdl.com

Phan Thi Trang Dai

Junior Legal Advisor

DFDL Vietnam

Dai.Phan@dfdl.com


Read more about DFDL Vietnam

Read more about DFDL 

Read more News

 

The post DFDL Assists Jinju Ham on its Acquisition of a 25% Stake in Saigon Nutri-food JSC appeared first on DFDL.

Going Digital: A New Frontier for Money

$
0
0

On 5th July, The India – Thai Chamber of Commerce organized an event ‘Going Digital: A New Frontier for Money’ in Bangkok. The session opened with an introduction by DeeMoney, a firm specializing in offshore fund transfers and money exchanges. This was followed by a panel discussion on the Evolution of Money: Cashless and Crypto! Where are the opportunities? The panel was made up of an eclectic mix of entrepreneurs and legal experts comprising of Aswin Phlaphongphanich (CEO of SawasdeeShop, Founder of DeeMoney), Vinay Ahuja (Partner; DFDL Thailand), Ravi Sethi (COO; Silk Krypto), Harprem Doowa (CEO and Co-Founder of Frank.co.th, Co-Founder of Orami), Alexi Lane (CEO and Co-Founder of Everex) and moderated by Rasmegh Srisethi (MD of SawasdeeShop, Co-Founder of Deemoney). The discussion covered emerging developments in the cashless economy, the relevant legal and safety aspects, along with the opportunities and future trends in the realm of digital payments. The night closed with a networking dinner and drinks. This engaging event was well attended with over 150 people present.


DFDL Contact

Vinay Ahuja

Partner, DFDL Thailand

vinay.ahuja@dfdl.com


Read more about DFDL Thailand

Read more about DFDL 

Read more News

The post Going Digital: A New Frontier for Money appeared first on DFDL.

Myanmar Legal Update: Companies’ Re – registration, Formation, and Corporate Compliance filing under the Myanmar Companies (Electronic Registry System and Miscellaneous Matters) Regulations 2018

$
0
0

A new electronic registry system called Myanmar Companies Online (“MyCo”) is to be launched with the coming into force of the new Myanmar Companies Law 2017 (“MCL”) on the 1st of August. The Directorate of Investment and Company Administration (“DICA”) is introducing MyCo with the purpose of streamlining company filings and making the process more transparent. 

Re registration

The DICA requires all existing companies and entities to re-register via MyCo. This mandatory company re-registration must be performed from 1 August 2018 to 31st January 2019, as the implementation period of the Myanmar Companies (Electronic Registry System and Miscellaneous Matters) Regulations 2018. If re-registration is not performed within the stipulated timeframe, the company’s name may be removed from the company registry. Additionally, DICA has wide discretion to dissolve the entity or prohibit the entity from carrying on business in Myanmar until it follows all requirements. Dissolution does not necessarily imply liquidation, and during this period the directors and members of the company may still incur company-related liabilities.

If a company fails to re-register, restoration will be permitted only after the entity pays a prescribed penalty.

Companies presently incorporated in Myanmar should promptly re-register online, free of charge, or deliver a complete set of hardcopies to a DICA office with the filing fee of MMK 50,000.

For the re-registration process, instead of the previously required two documents: the Memorandum of Association and Articles of Association (“M&AOA”), a single document, a “constitution,” can be substituted. Any existing M&AOA which are not replaced with a single constitution, will effectively be converted into one. While companies must have a constitution, there is flexibility in determining its form, content, and business objectives. In the event that a company does not require a uniquely drafted constitution, a standard form constitution is provided on the DICA official website.

At the time of re-registration, companies may update and change corporate information such as details of directors, any secretary, registered office, principal place of business, members, and issued share particulars. It is also necessary to stipulate whether the company has an ultimate holding company, and whether the company will be a “small company,” a company, other than a public company or a subsidiary thereof, which satisfies the following conditions:

  1. it and its subsidiaries have no more than 30 employees; and
  2. it and its subsidiaries had annual revenue in the prior financial year of less than MMK 50 million in aggregate.

New relaxations under the MCL regarding members/shareholders and directors (please see formation/incorporation of companies below) also apply to re-registration of the entities. Existing companies may also now wish to use this opportunity to restructure: (i) having a single member and transferring the minority shareholder’s shares to the main (intended) shareholder, and, (ii) Re-appointing of directors may also be carried out. Details (newly required) of the resident director must be provided upon the company re-registering with the DICA.

The MCL removes the par-value requirement. Upon re-registration all existing shares will otherwise be converted into shares with no par value.

Formation / Incorporation of the companies

Types of companies:

  • Company limited by shares (such as private and public companies); and
  • Company limited by guarantee.

Non-profit associations

  • Overseas corporations (need to register with the DICA if they carry out business within the Union);
  • Business Associations; and
  • Special Companies (incorporated under the Special Companies Act-1950).

Although the Myanmar Companies Act (MCA 1914) does not prescribe the limitation of shareholders, directors, types of companies, practically, these were restricted by DICA procedures. Under the MCL, the documentary requirements will be less onerous than under the previous procedures.

One of the key benefits of the MCL is that a permit to trade is no longer required, and private limited companies are allowed to be set up with a single member or shareholder. The company must have at least one resident director (i.e. a permanent resident or resident for at least 183 days in each consecutive 12 month period in Myanmar) in the case of a private company, and three directors with at least one ordinary resident Myanmar citizen in the case of a public company.

Furthermore, overseas corporations that will transact in Myanmar must comply with MCL requirements such as regular filing and reporting to the registrar.

Under the MCL, there will be possibility for foreign investors to invest up to 35% in a Myanmar public or private company.

A company will be defined as a Myanmar company if 35% or less of the shareholding is held by a foreign individual or entity. Using the definition of the MCL, a foreign company is a company incorporated in Myanmar in which an overseas entity or individual (or a combination of these) directly or indirectly owns or controls an ownership interest of more than 35%. “Ownership interest” is defined as a legal, equitable, or prescribed interest in a company which may arise through any means. This includes: a direct shareholding interest; a direct or indirect shareholding in a company which holds a direct or indirect shareholding in the first company; or through an agreement which provides the holder with a direct or indirect right to exercise control over the voting rights on any company resolution.

Only three sections in the MCL mention “foreign companies” (FC) –

Section 6 (b) (viii) requires that the company registration application must state whether a company is an FC; Section 86 (b) stipulates that it must be stated whether a share transfer causes (or not) a company to become an FC; Section 97 (B) (vii) stipulates that it must be stated in the annual return whether a company has become or ceased to be an FC. All sections of the MCL apply equally to all companies whether they be local or foreign.

The new MCL also provides a more straightforward process to close an overseas corporation – by merely filing notice to the Registrar stating that it has ceased carrying on business in the Union and the removal of its name from the register by the Registrar.

Additionally, Myanmar also recognizes “special companies” that contain one or more government shareholders and are formed under the Special Company Act 1950, however, special companies must comply with the provisions of the MCL, except for certain provisions that are repealed by the Special Company Act and its constitution.

The MCL has removed the requirement of prescribing permitted activities of a company,  compulsory under the MCA. Under the MCL, this is now optional, subject to the decision of the company shareholders. The permitted activities will continue to apply until 31 January 2019. After this, these will automatically be deemed removed unless the members pass special resolutions to maintain such objects in its constitution and make the relevant filings. If they do so, the company may not do anything beyond the powers conferred on it by its constitution. Alternatively, as of 1 August 2018, shareholders may vote at a later stage to either amend the permitted activities or remove them entirely from the company’s constitution. Any act performed or any contract entered into by a company, beyond the scope of the permitted activities will be unlawful, and such a contract will be void.

Post Activities / Corporate Compliance filing

Regular annual filings, other corporate secretarial filings (change and new appointment of directors or secretary, change of the registered office, principal place of business, members and change of share particulars, closing (liquidation/winding up of an entity, etc.) appear much easier – simply by filing/submitting a “notice” to the Registrar via the E-registry, using the prescribed forms.

However, questions still remain to the extent that DICA has not clearly stated whether or not “the term or validation of the registration” will be specified (previously this was a five year term). In the case that the term of registration is not identified, filing renewals will no longer exist.


DFDL Contact

William D. Greenlee, Jr.
Partner, Managing Director,

DFDL Myanmar

william.greenlee@dfdl.com


The information provided here is for information purposes only, and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.


Read more Legal & Tax Updates

Read more about DFDL

Read more about DFDL Myanmar

 

The post Myanmar Legal Update: Companies’ Re – registration, Formation, and Corporate Compliance filing under the Myanmar Companies (Electronic Registry System and Miscellaneous Matters) Regulations 2018 appeared first on DFDL.

Cambodia Tax Update: Principal and Agency – Important Update

$
0
0

Prakas 597 titled “The Recognition and Tax Obligation regarding the supply of Goods and Services made by an Agent on behalf of a Principal” was issued on 27 June, 2018 (“Prakas 597”) and provides some important clarifications and requirements for a number of taxpayers currently operating in Cambodia.

This update is extremely important to those taxpayers in Cambodia who sell goods or services on behalf of a Cambodian Principal. Industries that may be directly affected by this update include – travel, telecommunication, FMCG, local manufacturers and in general any industry which involves the receipt of a commission that is related to selling goods or services on behalf of a Principal.

One of the key requirements brought about by Prakas 597 is that those taxpayers in Cambodia looking to operate as an Agent must apply formally in writing to the General Department of Taxation (“GDT”) in Cambodia to obtain a recognition letter.

In addition the Principal, to whom the Agent acts on behalf, must be a Cambodian resident taxpayer who performs business in Cambodia in order for a letter of recognition to be issued. By default this rules out Agents in Cambodia operating on behalf of overseas Principals.

We outline in more detail the salient points of Prakas 597 below.

Principal – Agent

Value Added Tax (VAT)

Article 52 of the VAT Sub-Decree sets out the conditions with respect to the supply of goods or services by an Agent and these conditions have been restated and expanded upon in Prakas 597. In order to qualify as an Agent the following conditions must be met:

  • An Agent who supplies goods or services on behalf of a Principal must be either a Medium or Large Taxpayer;
  • The contract between the Principal and Agent must reflect a Principal/Agent relationship and be supported by other documentation i.e. invoices;
  • The Principal must be the party that determines the sale price of the goods or services and the commission rate that is paid to the Agent;
  • The Principal must retain ownership of the goods until the point of sale;
  • When the goods or services are supplied to a customer the Agent must clearly show the Principals details on the accompanying invoice or alternatively issue the Principal’s original invoice – both parties have to decide which method they wish to invoice the customers. If the Agent issues invoices on behalf of the Principal the Agent must issue the invoices on a serial number basis;
  • The Agent must issue a VAT invoice for their commission charge, in relation to the supply of goods or services, to the Principal. The Principal can claim VAT input credit relating to the VAT on the commission paid to the Agent;
  • The Agent is required to submit a detailed list of the supply of goods and services to the GDT every month and report the stock movement to the GDT every quarter.

Recognition as an Agent

A taxpayer in Cambodia who wishes to operate as an Agent must submit an application to the GDT with the following documents attached:

  • The Agency contract which substantiates the Agent – Principal relationship;
  • The tax registration documents of the Agent which evidence that they are either a Medium or Large Taxpayer;
  • A sample of the invoice to be issued by the Agent on behalf of the Principal.

If the GDT accepts the application they will issue a recognition letter recognizing the status of the Agent which is valid for two (2) years. The Agent can look to renew the recognition letter within thirty (30) days of its expiry. The fee for the application is KHR 400,000 (approximately USD100) and the fee for renewal of the recognition letter is KHR 200,000 (approximately USD50).

Tax Obligations of the Agent

For the purposes of a supply of goods or services made by an Agent on behalf of its Principal the Agent is obliged to collect all taxes on behalf of the Principal but the Agent is not obliged to declare those taxes to the GDT – that is the responsibility of the Principal.

Examples of taxes that would be collected by the Agent on behalf of its Principal include:

  • Specific Tax
  • Public Lighting Tax
  • VAT

Typically any applicable Specific Tax and Public Lighting Tax would be included in the cost of goods sold and incorporated in the final sale price of the good or service however the implication of this requirement seems to put a onus on the Agent to at the very least ensure that the Principal is registered for tax in Cambodia.

The basis for calculating the monthly 1% Pre-Payment of Tax on Income and VAT output of the Agent will be based on the value of the commission that they charge to the Principal and not the gross invoice value of the underlying good or service.

DFDL – Commentary

Prakas 597 will require a number of existing industries in Cambodia to re-examine their current arrangements with third party Agents and distributors as often the contractual arrangement between the parties can be blurred.

Typically an Agent operating in Cambodia would look to limit their tax exposure to the commission charge as in practice the 1% Minimum Tax would exceed any Tax on Income liability if it were to be calculated on a gross invoice basis (on the value of the underlying good or service) as opposed to the commission value.

A distributor would be expected to earn a higher margin on a resale of a good then a commission agent as the inherent risks such as liability for unsold goods are higher. In that case the 1% Minimum Tax issue outlined above could be made redundant if the annual Tax on Income amount at the end of the tax year is higher than the Minimum Tax payable.

Prakas 597 does not allow for an Agent to operate in Cambodia on behalf of an overseas Principal on a commission basis which means that current business arrangements may need to be re-structured as either a sub-contract or on a distribution model.

With respect to clarifying the relationship that you currently have with your Agent or Principal or to apply for the Agent letter of recognition from the GDT please contact your usual DFDL adviser.


DFDL Contact

Clint O’Connell

Partner, Cambodia Head of Tax

clint.oconnell@dfdl.com


Tax services required to be undertaken by a licensed tax agent in Cambodia are provided by Mekong Tax Services Co., Ltd, a member of DFDL and licensed as a Cambodian tax agent under license number – TA201701018.

The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.


Read more Legal & Tax Updates

Read more about DFDL

Read more about DFDL Cambodia

The post Cambodia Tax Update: Principal and Agency – Important Update appeared first on DFDL.

Cambodia Legal Update: Law On Minimum Wage dated 6 July 2018 (“Law on Minimum Wage”)

$
0
0

The Law on Minimum Wage was promulgated on 6 July 2018 and now guarantees a minimum wage for employees covered by the provisions of the Labour Law. A tripartite National Council on Minimum Wage (“NCMW”), comprised of the government, employer representatives, and employee representatives, will be established to study, research and provide recommendations on the determination of minimum wages and other benefits for persons covered by the Labour Law. Subject to the discretion of the NCMW, key factors in determining the minimum wage include social considerations (such as inflation rates and living expenses); and (2) economic considerations (such as productivity, competition, job market status and profitability of a particular industry). The discussions on minimum wages by the NCMW must be undertaken annually (unless decided otherwise by the NCMW) and in accordance with the procedures set out in this new law.
 
Based on the NCMW’s recommendation, the minimum wage will be determined by a Prakas issued by the Ministry of Labour and Vocational Training (“MLVT”) and must take effect from 1 January of the subsequent year. The MLVT may prioritize implementation of the minimum wage based on economic activity, industry sector or region.

Any agreement, whether written or verbal, providing a minimum wage lower than the level determined by the MLVT will be null and void.
Further, failure to provide a minimum wage, as stipulated in the MLVT’s Prakas, may subject an employer to a fine of up to KHR 40,000,000 (approximately equivalent to USD 10,000). Additionally, any employer that pays less than the minimum wage to its employees must pay back the full amount to such employees, including any interest payable at the rate set by applicable law.
 
So far, the MLVT has yet to issue the Prakas on the minimum wage for each sector (except for employees in the textile, garment and footwear manufacturing sectors).

We will keep you updated on all material new developments in relation to this new law. In the meantime, if you require further information or advice on this law, please do not hesitate to contact us at labor.kh@dfdl.com.


The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.


DFDL Contacts

Chris Robinson
Partner, Head of Cambodia Corporate & Commercial Practice Group
chris.robinson@dfdl.com

Sinoun Sous
Consultant, Cambodia Corporate & Commercial Practice Group
sinoun.sous@dfdl.com


Read more Legal & Tax Updates

Read more about DFDL

Read more about DFDL Cambodia

The post Cambodia Legal Update: Law On Minimum Wage dated 6 July 2018 (“Law on Minimum Wage”) appeared first on DFDL.


DFDL Bangkok Assists Eatigo on Pre-Series C Funding

$
0
0

Vinay Ahuja, Partner, assisted Eatigo, an online restaurant reservation platform that aims to fill up empty restaurant tables at off-peak hours by providing discounts to customers. DFDL assisted Eatigo with the Pre-Series C round led by existing investor TripAdvisor, bringing its total external funding to over USD 25 million. The closing of this Pre-Series C funding provides greater scope to Eatigo on its market expansion ambitions in Asia.

Vinay was highly praised by Mr. Siddhanta Kothari, Co-Founder & Group CFO of Eatigo for his “always there” attitude and readiness to be of assistance, even at unusual hours. The Eatigo team looks forward to a continuing relationship with DFDL in the coming years.

Eatigo has been a long standing client for DFDL, having assisted them earlier with the structuring of its regional expansion across Thailand, Indonesia, Vietnam, India, Singapore and more. This included legal advice on the establishment of its Thai international headquarters and the reorganization of off-shore affiliated entities to ensure the maximization of incentive benefits. Previously in 2016, Vinay also assisted Eatigo on the completion of its Series B round of funding.


DFDL Contact

Vinay Ahuja

Partner; Head of DFDL India Desk; Deputy Head of Regional Banking and Finance Practice

DFDL Thailand

vinay.ahuja@dfdl.com


Read more about DFDL Thailand
Read more about DFDL 
Read more News

The post DFDL Bangkok Assists Eatigo on Pre-Series C Funding appeared first on DFDL.

Antony Campbell

$
0
0

Tony is an award-winning trainer with extensive experience in designing and delivering programs to help legal and tax professionals around the world to achieve excellence.  Prior to joining DFDL, Tony has held senior regional and global professional development roles in White & Case, Freshfields, and Baker & McKenzie. Tony graduated in Economics and Law from the Australian National University, and is the author of a number of online learning programs for lawyers and law students

The post Antony Campbell appeared first on DFDL.

Chan Myae Khine

$
0
0

Chan Myae Khine is a corporate secretary at DFDL Myanmar, and has extensive experience in corporate secretarial work. She is primarily engaged in the company formation process and serves as a key negotiator with relevant government ministries that are responsible for issuing company formation approvals. Chan Myae holds a Bachelor of Computer Science, a Diploma in Project Management, and a Certificate in Business Consulting Services, along with a Certificate in Corporate Governance. She speaks Myanmar and English.

The post Chan Myae Khine appeared first on DFDL.

DFDL Cambodia & the Chinese Chamber of Commerce Hold a Seminar on Investment Strategies for Chinese Investors in Cambodia

$
0
0

DFDL Cambodia, in collaboration with the Chinese Chamber of Commerce, held a breakfast seminar on Investment strategies for Chinese investors in Cambodia. This breakfast seminar featured Guillaume Massin, DFDL Cambodia Managing Director, Clint O’Connell, DFDL Cambodia Tax Partner, Robin Teow, DFDL Cambodia Senior Consultant, Ivy Liu, Head of DFDL China Desk and our guest speaker from Yingke Law Firm, Henry Li. Together, they variously discussed how to structure projects across various sectors, tax considerations for successful investments, recent labour related developments in Cambodia, outbound investment approval procedures, and general risk management. This engaging event was well received by the over 140 Chinese people in attendance.


DFDL Contacs

Guillaume Massin

Partner, Managing Director

DFDL Cambodia

Guillaume.massin@dfdl.com

Clint O’Connell

Tax Partner

DFDL Cambodia

Clint.oconnell@dfdl.com

Ivy Liu

Head of China Desk

Ivy.liu@dfdl.com

Robin Teow

Senior Consultant,

Deputy Head of China Desk

Robin.teow@dfdl.com


Read more about DFDL Cambodia

Read more about DFDL 

Read more News

The post DFDL Cambodia & the Chinese Chamber of Commerce Hold a Seminar on Investment Strategies for Chinese Investors in Cambodia appeared first on DFDL.

Philippine Investment Guide 2018

$
0
0

It is our great pleasure to introduce the 2018 edition of the Philippine Investment Guide of Ocampo & Suralvo Law Offices (OS Law). OS Law is the DFDL collaborating firm in the Philippines.

In this guide we aim to help investors from across the globe in reaping the vast benefits of doing business in the Philippines, and making the most of the vast opportunities the country offers, with its large domestic market, highly educated work force and booming economy. This guide provides important information on laws governing foreign ownership restrictions, taxation, labor laws, data privacy rules, immigration, competition law, and many others. It has special sections on energy and power, infrastructure, mining and banking.

Click here to download the guide.

The post Philippine Investment Guide 2018 appeared first on DFDL.

Viewing all 2158 articles
Browse latest View live