Foreign Investment

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 provides legal expertise on specific incentives and exemptions granted by the BOI in relation to Taxation and Banking and businesses.

Banking and Finance

The firm handles complex cross border financing for both domestic bluechip companies and multinational corporations and financial institutions, acting as co-counsel with international law firms. It has wide experience in asset and project finance and handling structured transactions in the fields of energy, infrastructure, transportation, communications, real-estate and pharmaceuticals advises on exchange control laws relevant to corporate
financial transactions within the Sri Lankan legal framework.

The firm also advises 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.

Capital Markets & Securities

Advises on issues of shares, debentures and warrants and other listed and unlisted instruments, derivative products and securitizations. Assists Sri Lankan companies seeking to list shares and debt instruments in overseas exchanges as well as international bond issues with underlying assets being located in Sri Lanka and international banks in the preparation of memorandums and prospectuses for sales notes and warrants to Sri Lankan customers. Has considerable experience in advising on ISDA documentation for corporate and non-corporate counterparties.

Mergers and Acquisitions

The firm has an experienced team of lawyers specializing in Mergers and Acquisitions, in the fields of energy, infrastructure, construction and pharmaceuticals. Handles private equity and public mergers and acquisitions, and was recently associated with two of the largest M & A transactions in Sri Lanka. Undertakes due diligence exercises and preparation of share purchase and shareholders’ agreements and specializes in advising clients on Sri Lankan foreign investment and amalgamation laws. Continues to advise major Chinese and Indian clients on structured inbound investment.

Competition and Antitrust

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.

Infrastructure Development

The firm advises clients on the regulatory framework for infrastructure development with special emphasis on ports and terminals, energy, utilities and highways. Assists investors on all aspects of the project cycle, from tendering procedures, labour requirements, operational issues and dispute resolution. Advises lenders and developers on project finance and all types of Public-Private Partnerships arrangements. Has considerable experience in advising on and preparing concession and implementation agreements, joint venture agreements, purchase agreements, finance and direct lending agreements.

Construction

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. Also undertakes specialized construction arbitration work.

Real Estate

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. Currently involved as legal advisers to 3 of the largest mixed development projects undertaken in Sri Lanka. The scope of services include advising on condominium law and general drawbacks, preparation of condominium plans and declarations, sales agreements, deeds of transfer and obtaining local authority documentation. Also advises construction companies employed in mixed development projects.

Labour, Employment and Immigration

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. Also has significant experience in HR and employee restructuring; advises multinationals on the compatibility of international labour regulations with Sri Lankan laws. Assists in compilation of employment guides and handbooks.

Restructuring and Insolvency

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. Also advises lenders and investors on corporate structuring.

Intellectual Property

Handles applications for the registration of trademarks, copyrights, industrial design, patents and related services, including litigation arising from infringements and trademark enforcements advises on infringement of intellectual Property rights and IP dispute resolution, including litigation.

Information Technology

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.

Admiralty and Shipping

Advises 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. 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.

Litigation and Dispute Resolution

The firm specializes in litigation, dispute resolution, corporate insolvency and bankruptcy, 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.

Tax

Advises 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.

Family Law and Testamentary

The firm advises on all aspects of family law and testamentary matters including wills, probate, estate management, intestate succession and matrimonial issues.

Company Secretaries

The firm’s secretarial division, through its subsidiary, Corporate Advisory Services (Pvt.) Ltd. provides incorporation, secretarial and ancillary services to corporate clients, currently in excess of 500, in accordance with the provisions of Sri Lanka’s 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.

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