The Firm provides legal counsel in all aspects of foreign and local investment on approval from the Central Bank of Sri Lanka and the Board of Investment. The firm also offers legal expertise on specific incentives and exemptions granted by the BOI in relation to Taxation and Banking and businesses.
The firm handles complex cross border financing for domestic blue-chip companies, multinational corporations and financial institutions, acting as co-counsel with international law firms. It has comprehensive experience in asset and project finance, and handling structured transactions in the fields of energy, infrastructure, transportation, communications, real-estate, and pharmaceuticals. The firm also advises on exchange control laws relevant to corporate financial transactions within the Sri Lankan legal framework.
The team further counsels on a range of banking and financial services, including loans, performance bonds, bid bonds and other credit instruments, government bonds, treasury bills and other financial and treasury instruments, mortgages and guarantee agreements, letters of credit, documentary collection (DA/DP terms), open account and other trade finance transactions, bills of exchange, promissory notes and cheques.
The Firm advises on issues of shares, debentures and warrants, and other listed and unlisted instruments, derivative products, and securitizations. It assists Sri Lankan companies seeking to list shares and debt instruments in overseas exchanges, as well as on international bond issues with underlying assets being located in Sri Lanka. Counsel further directs international banks in the preparation of memorandums and prospectuses for sales notes and warrants to Sri Lankan customers, and have considerable experience in advising on ISDA documentation for corporate and non-corporate counterparties.
The firm has an experienced team of lawyers specializing in Mergers and Acquisitions in the fields of energy, infrastructure, construction and pharmaceuticals. The team handles private equity, public mergers and acquisitions, and was recently associated with two of the largest M & A transactions in Sri Lanka. They undertake due diligence exercises, and preparation of share purchase and shareholders’ agreements, and specializes in advising clients on Sri Lankan foreign investment and amalgamation laws. The Firm continues to advise major Chinese and Indian clients on structured inbound investment.
The firm advises clients on all aspects of competition law issues, including reviewing arrangements and agreements that are potentially anti-competitive, joint ventures, merger controls, dominance and practices, and preparing compliance memorandums.
The firm instructs clients on the regulatory framework for infrastructure development with special emphasis on ports and terminals, energy, utilities, and highways. The team assists investors on all aspects of the project cycle from tendering procedures, labour requirements, operational issues, to dispute resolution. They advise lenders and developers on project finance and all types of Public-Private Partnership arrangements. The lawyers have considerable experience in advising on, and preparing concession and implementation agreements, joint venture agreements, purchase agreements, finance, and direct lending agreements.
The firm provides legal counsel to general contractors, prime contractors, subcontractors, architects and design professionals, owners, developers, construction managers and suppliers in all matters relating to the construction industry. It also undertakes specialized construction arbitration work.
The firm’s real estate team advises on foreign ownership restrictions, land acquisitions and sales, mortgage and lease agreements, together with due diligence examinations on real estate, and the preparation, attestation and registration of transfers and other title documents. The team is currently involved as legal advisers to three of the largest mixed development projects underway in Sri Lanka. The scope of services includes advising on condominium law and general drawbacks, preparation of condominium plans and declarations, sales agreements, deeds of transfer and obtaining local authority documentation. The firm also counsels construction companies employed in mixed development projects.
The firm provides the full spectrum of labour and employment legal services to its domestic and multinational clients. These include advice on employee remuneration and benefits, resignations and terminations, dispute resolution, disciplinary hearings, employment terms including superannuation and pension benefits, disputes with trade unions and individual and collective disputes, workmen’s compensation and preparation of employment contracts, collective agreements, settlements and awards. The firm has has significant experience in HR and employee restructuring and advises multinationals on the compatibility of international labour regulations with Sri Lankan laws. It also assists in the compilation of employment guides and handbooks.
The firm advises clients on winding up laws, insolvency and deregistration filing requirements, restructuring of debt and formal insolvency proceedings. The team institutes and defends insolvency proceedings on behalf of its clients and advises lenders and investors on corporate structuring.
The team of IP lawyers handle applications for the registration of trademarks, copyrights, industrial design, patents and related services. This includes managing litigation arising from infringements and trademark enforcements, advising on infringement of intellectual Property rights and IP dispute resolution including litigation.
The firm undertakes IT assignments dealing with drafting and dispute resolution on all aspects of information technology law, including software development and licensing, IT consultancy and agency, outsourcing, trans-border data flow agreements, data privacy, domain registrations, web site and e-commerce, software development and licensing agreements and IT dispute resolution.
The firm advises on Shipping and Protection & Indemnity interests on cross border disputes, with special emphasis on cargo claims, vessel mortgage enforcement and crew arrests, salvage, and ground handling disputes. Counsel facilitates and advises on many aspects of Admiralty, Shipping and International Trade including collisions, groundings, fires and cargo disputes, charter parties, bills of lading, and contracts of freight, marine insurance, ship arrests and crew arrests, maritime litigation and arbitration, purchase, appraisement, sale and registration of vessels.
The firm specializes in litigation, dispute resolution, corporate insolvency and bankruptcy, and is experienced in all courts throughout Sri Lanka. The team assists clients in respect of all litigation and dispute resolution matters with creditors, debtors, clients, shareholders, staff, and other third parties.
The firm instructs on many aspects of tax, both individual and corporate including tax incentives and exemptions for foreign investors, corporate and income tax disputes, Value Added Tax(VAT) and other indirect tax issues, transaction structuring and representing clients in tax disputes.
The firm counsels on all aspects of family law and testamentary matters including wills, probate, estate management, intestate succession and matrimonial issues.
The firm’s secretarial division, through its subsidiary, Corporate Advisory Services (Pvt.) Ltd., provides incorporation, secretarial and ancillary services to corporate clients in accordance with the provisions of the Sri Lanka Companies Act. CAS is a virtual one-stop-shop for all services connected with the establishment and operation of a domestic or foreign company in Sri Lanka, and currently manages in excess of 500 clients.