PRACTICE AREA

Our Legal Services

The legal services of ASAS ATTOURNEYS & LEGAL ADVISERS are characterized by diversity and suitability with clients work nature based on a legal methodology in conformity with modern variables.

CORPORATE STRUCTURING

CORPORATE STRUCTURING

We assist our clients with practical and professional legal advice, to manage their business objectives with limited legal liability. The firm advises on all aspects of corporate structuring, including corporate formality and law, and contractual arrangements.

Our corporate structuring services:-

  • We advise clients on alternative corporate structures and business arrangements for doing business in Kuwait covering both legal and tax aspects. We assist our clients with the incorporation of various forms of entities and establishment of branches, as well as the preparation of joint venture, distribution, franchise and agency agreements. Our advice includes the opportunities afforded by the Foreign Direct Investment Law, and we assist with applications for investment licenses from the Kuwait Direct Investment Promotion Authority (KDIPA).
  • Group reorganizing including restructuring and deregistration of existing entities to achieve maximum management and operational efficiency.
  • Advising on group restructuring in the context of private placement or acquisition.
  • Advising on optimal corporate structure to conduct commercial activities at all stages.
  • Advising on cross-border transactional and acquisition structures.
  • Drafting, reviewing, and advising on incorporation documentation, nominee and shareholder agreements and any other related agreements or contracts as required.
  • Advising on corporate laws and regulations including regulatory strategies and compliance.
  • Providing government authorities with regulatory advice in connection with the establishment of free zones and drafting implementing regulations to provide the legislative framework for setting up and regulating corporate entities in such free zones.
  • Advising government authorities on the regulatory framework to attract foreign direct investment including the setting up of state-owned special purpose vehicles to facilitate corporate incubation. We also advise on corporate laws and regulations including regulatory strategies and compliance.
  • Providing advice on all aspects of corporate licensing including possible incongruity between licensed and real or desired commercial activities with legal and practical solutions to align the two.
  • Licensed to act as Company Service Provider or Registered Agent for corporate entities in specific free zones for the purpose of acting as an incorporation agent for corporate entities, providing company services, acting as a registered office provider, providing directors, company secretaries, councilors, or registered agents to a corporate entity, or offering nominee shareholders to the entity.
  • Implementing changes to ownership structure, inter-group share transfers, share transfers generally and amendment in the memorandum and articles of association to affect such transfers.
  • Advising on corporate matters connected with government tendering specifically ideal corporate structure to carry out obligations under the tender.
  • Corporate regulatory due diligence to advise on and ensure corporate compliance in context of acquisition sales and general in-house cleaning.

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    FINANCE & BANKING

    FINANCE & BANKING

    With an expert team of multi-lingual and diverse lawyers operating on the ground ASAS ATTORNEYS & LEGAL ADVISERS  has the expertise and capacity to handle the biggest and most complex banking and finance matters.  

    Our lawyers assist clients in the legal aspects of different forms of financial transactions, including complex financing arrangements, debt restructuring, general lending, contingency planning and capital structures.

    Our full-service banking and finance offering includes:

    •      Asset finance
    •      Corporate and real estate lending
    •      Debt capital markets
    •      Financial services regulation
    •      Financial restructuring
    •      Funds and asset management
    •      Islamic finance
    •      Trade and commodities finance
    •      Project finance
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    FINTECH LEGAL SERVICES

    FINTECH LEGAL SERVICES

    The greatest challenge facing the FinTech ecosystem is that regulation across the globe has been unable to keep pace with the speed at which technology solutions are disrupting the traditional financial services ecosystem.

    This is where we come in.

    ASAS team provide services to various Fintech companies, such as electronic money and payment institutions, crowdfunding platforms, consumer credit providers, as well as payment solutions platforms and other projects of financial market players.

    Our team Provides the necessary assistance to obtain the required licenses from the relevant government regulatory authorities to carry out these activities.

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    MERGERS & ACQUISITIONS

    MERGERS & ACQUISITIONS

    The M&A landscape across the Middle East is evolving and becoming increasingly sophisticated. ASAS corporate & M&A team provides specialist advice that ensures deals are completed and implemented effectively.

    Our services include mergers and acquisitions, corporate advisory services and advising joint ventures and strategic alliances.We address for our clients complex business transactions and construct arrangements that deliver risk minimization and a successful outcome for our clients.

    Our M&A services

    • Transactional negotiation
    • Due diligence
    • Shareholder/investors’ agreements
    • Start-up capital fundraising
    • Pre-closing restructuring
    • Regulatory approvals and deal closings
    • Share and asset transactions
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    LITIGATION, ARBITRATION, AND ALTERNATIVE DISPUTE RESOLUTION

    LITIGATION, ARBITRATION, AND ALTERNATIVE DISPUTE RESOLUTION

    The firm works with clients to determine the most suitable choice of law, place, and form of dispute resolution to best protect their interests. When it is commercially viable, we promote amicable settlement as the first stage of dispute settlement. Our litigation practice has been instrumental in several landmark cases.

    • Litigation

      Our dedicated litigators tackle a wide range of civil and commercial disputes. They appear before all the courts of Kuwait, including the Constitutional Court and the Court of Cassation.

    • Arbitration

      Our team handles arbitral cases locally, regionally and internationally in various arbitration centers. Outside Kuwait we often work with respected litigation firms in the relevant jurisdiction.

    • Other Alternative Dispute Resolution

      We offer several alternative dispute resolutions to our clients, including mediation, negotiation, and conciliation.

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    COMMERCIAL SERVICES

    COMMERCIAL SERVICES

    Our Commercial team is known for providing specialist advice on commercial agency arrangements. This includes all types of distribution and franchise arrangements, and we frequently address important legal issues surrounding the impact of local commercial agencies legislation in GCC region on such arrangements. As well as general commercial advice and contract drafting.

    The Commercial team’s areas of expertise:

    • Commercial agreements including drafting and negotiating all types of commercial agreements including Terms and Conditions of Procurement and Sale; Sale and Purchase Agreements; Consultancy Agreements;  Introducer and Referral Agreements; Commission Arrangements; Outsourcing Agreements; Lease, Hire and Maintenance Agreements; NDAs; MOUs; LOIs; and Manufacturing & Supply Agreements.

    • Commercial agency agreements, including drafting and negotiating distribution and full suite franchise agreements across all sectors.

    • General commercial advisory services including opinion work on commercial agency laws and regulations in the GCC region.
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    ENERGY SECTOR

    ENERGY SECTOR

    We have a team with an in-depth understanding of the energy sector and our comprehensive knowledge enables us to offer innovative solutions to complex business challenges in oil and gas, other natural resources, petrochemicals, renewable energy and environmental law.
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    TAX ADVISORY

    TAX ADVISORY

    We provide tax advisory services to international clients wishing to do business and invest in Kuwait, as well as Kuwait based clients with international business activities and investments.
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    REAL ESTATE

    REAL ESTATE

    We counsel clients on both commercial and residential real estate issues and all associated legalities to devise flexible solutions to ensure maximum value. This includes easement disputes, foreclosures, property taxes, neighbor relations, property deeds, real estate warranties, mortgages, insurance and issues related to the buying and selling of real estate.
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    CLAIM MANAGEMENT

    CLAIM MANAGEMENT

    We provide claim management solutions to enforce or defend claims. We work with our clients to develop progress reports and recognize possible obstacles before they hinder recovery. Our work often involves cooperation with law firms in other jurisdictions.
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    LABOR & EMPLOYMENT

    LABOR & EMPLOYMENT

    We deal with all aspects of employment, labor affairs and industrial relations. Our labor and employment legal services include contractual arrangements, labor contract administration, mediation services, bargaining, defense and counselling to employers and employees.
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    PUBLIC PRIVATE PARTNERSHIP (PPP’S)

    PUBLIC PRIVATE PARTNERSHIP (PPP’S)

    Our specialized services include the construction of a legal framework to guide clients through the different phases of a PPP. We cover all relevant legal matters including project financing when a contract is signed with the public or private sector.
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