Services

William Hendrik is Indonesia’s top corporate law & litigation firm. Committed to integrity, excellence and hard work enables us to guide our clients through context of the broader issues with provision of tactical sound advice.

SERVICES

Practices

Litigation & Resolution

We represent clients as both plaintiffs and defendants before courts and arbitration panels. We assist the clients in settling or formulating litigation strategies. We accompany and advise the clients in dealing with relevant Indonesian authority with regard to the cases particularly the Indonesian Police and Indonesian Public Attorney. We also handle cases including civil cases, criminal cases, bankruptcy and insolvency proceedings, administrative cases and labour cases.

Banking & Finance

Our team of lawyers have significant experience in handling banking and finance transactions, such as syndication loan, bilateral lending transactions or project finance transactions and debt restructuring transactions. This includes issuance of financial or securities instruments such as medium term notes, convertible bonds and exchangeable bonds. We advise on Indonesian security laws, such as Hak Tanggungan (mortgage over land and building), pledge, fiduciary security and any other security. We also advise on regulatory issues on Banking Law and Bank Indonesia/the Financial Service Authority regulations with regard to banking and financial institutions. We advise on regulatory issues concerning receipt of Offshore Commercial Loans by Indonesian companies and its reporting to the authority. Not only do we advise on banking, but also we advise on non-banking financial institutions particularly insurance. Some of our partners/counsels were general counsels of some largest multinational insurance companies which have presence in Indonesia for which their valuable and hand-in experience are an added value for the clients.

Corporate Secretary

We provide corporate secretarial services which relate to legal matters. This includes giving legal advice for the clients with regard to their day-to-day business based on regime of regulations applicable for the clients’ businesses, assisting clients in submission of any reporting to relevant authority as required by relevant regulations or to liaise with relevant authorities, assisting clients in processing any licenses and permits which are needed by clients, make any necessary announcement to public as required by relevant regulations, and preparation of legal documents needed for general meeting of shareholders, board of directors meeting and board of commissioners meeting. Some of our partners/counsels were corporate secretary at some largest multinational companies and an Indonesian publicly listed company. Their experience as a corporate secretary will be beneficial for clients that need corporate secretarial assistance which relate to legal matters.

Insurance

We have large experience in handling both life insurance and general insurance transactions. Our partner and counsel were general counsels at largest worldwide insurance companies which have presence in Jakarta. With these advantage and past experience, we are familiar with insurance business and its day to day operations. We advise on various legal matters of insurance among others Indonesian insurance law and regulations, channels of sales and distribution, bancassurance, agency, brokerage, life insurance, general (loss) insurance, and reporting to the OJK (the Indonesian Financial Services Authority) and compliance with the OJK and insurance regulations. We review and negotiate bancassurance agreements (both exclusive and non-exclusive) between our clients (insurance companies) and their bank partners. We review and advise clients on retrocession contracts. We handle acquisitions and joint ventures of insurance companies in Indonesia, and also conduct a due diligence for the purpose of the acquisitions.

Capital Market

Our capital market team of lawyers have extensive knowledge and experience in working on various types of capital markets transactions, ranging from IPO (Initial Public Offering) including the transactions involving schemes of Reg S dan/or 144A, issuance of both local and offshore bonds, rights issue, cross border financing through capital markets, private placement, merger and acquisition of publicly listed companies, tender offer, corporate restructurings and reorganizations.
We also advise clients on various regulatory capital market and securities issues, such as Public Offering rules, Conflict of Interest/Affiliated transactions, Material Transactions, Tender Offer/Acquisition of Public Companies, Disclosure of Material Information, Employee Stock Option Program (ESOP)/Management Stock Option Program (MSOP), etc.

WHE received an award from HukumOnline as top 3 (three) laws firms in Indonesia based number of IPO projects or transactions during year 2019. In addition to that, individually our Partner Hendrik Silalahi put a position of rank 2 of IPO Legal Consultant during year 2019. Further more, WHE received a position as rank 1 of the law firm in Indonesia which handles IPO transactions with 5 IPO transactions during year 2020.

Employment & Labor

At William Hendrik Esther, the practice of employment is one we take great care of. Whether our clients are whole organizations or stand-alone clients, our experience in this expertise can range from actions such as litigation in simple HR-related matters to cases regarding discrimination and unfair labor practices against employees, termination, strikes and employment disputes. We advise clients on various employment issues, such as regarding severance payment in the context of mergers and acquisitions, outsourcing, fixed term and permanent employment contract, etc. For the interest of our clients we do prepare draft company regulations, employment contract, outsourcing and secondment contract and collective labour agreement. We assist clients in implementing redundancy plans, so that such plans can be completed in an efficient way and to minimize potential issues with employees. We have extensive experience in negotiating with employees and labour unions. We also assist clients in dealing with Manpower Office and handling clients’ cases at Industrial Relation Court.

Foreign Capital Investments

Indonesia is attractive for foreign investors to invest and establish businesses in Indonesia. With huge amount of population in Indonesia it is a good opportunity for investors to manufacture products here and then sell them to markets in Indonesia. We advise clients in establishing a foreign investment (PMA) Company and representative offices. We guide clients on “how to do business in Indonesia” including to ensure that clients’ investments meet requirements and investment list applicable in Indonesia. We also assist clients in processing licenses and permits from relevant authority which are needed for clients’ business operations. Not only do we advise clients on the establishment stage, but also we advise clients on the post establishment stage of the company. We also advise on regulatory issues with regard to the day-to-day business operations of a PMA Company from the perspectives of BKPM (Capital Investment Coordinating Board) regulations, OSS (Online Single Submission) system and technical departments regulations.

IT & Fintech / Digital Economy

We have significant experience in preparing, reviewing and negotiating IT (Information Technology) related contracts and services agreements with both local and offshore IT vendors. We provide legal advice for clients on IT software, products and services. We also handle clients’ IT digitalization project. We advise clients on Fintech and Digital Economy industry including e-commerce. We review on related contracts in these areas such as strategic cooperation agreement, merchant agreement, merchant aggregator/acquisition agreement, technical cooperation agreement, co-branding agreement etc. We also assist clients in preparing their standard/template agreement which are used for their business and provision of services for their customers. These areas include peer to peer lending businesses, crowdfunding businesses and IT platform based businesses. We handle various acquisitions of IT and fintech companies including due diligence of IT and fintech companies, so as we are pretty familiar with these industries. Our senior lawyer was also a general counsel at a well known leading e-money company.

Merger & Acquisition

Our team of lawyers have a lot of exposures and capability in handling mergers and acquisitions (“M&A”) of Indonesian companies, both private and publicly listed companies, local and also foreign investment (PMA) companies. We handle various types of M&A transactions (mergers, shares acquisition, assets acquisition, spin-off, divestment, joint venture and strategic partnership transactions).
Our M&A related work includes due diligence work for the purpose of M&A, preparation and negotiation of contracts (particularly Sale and Purchase of Shares Agreement and Joint Venture Agreement/Shareholders Agreement). We assist clients in liaising with relevant authority in relation to the M&A process, particularly in order to obtain relevant approvals from the authority. We also provide clients with tactical and strategic advice on regulatory issues with regard to the M&A under Indonesian Company Law and its implementing regulations and also capital markets laws and regulations (in case the M&A involves publicly listed companies).

Real Estate / Property

Property is interchangeable in the world today and with William Hendrik Esther, we help to make sure that a client’s property stays with them. In relation to real estate/property we encompass all real estate transactions like advising, negotiating, and preparing for relevant contracts of real estate development. We have experience in handling property transactions, including sale and purchase or acquisition of land and/or buildings. This includes acquisition of property companies. We also handle preparation and negotiation of property related contracts, such as hotel management cooperation agreement and its ancillary agreements, and its financing documents. We also advise on matters and issues on property development, hotels, apartments, villa, resorts, leisure, golf club and time share and BOT (Build Operate Transfer) cooperation.

Tax Law

In any business, we must take into consideration tax laws. In William Hendrik Esther, our lawyers are competent to assist you in various tax issues, such as advice on the tax regulation, individual or company tax compliance, tax dispute resolution and tax controversies, and many more. The familiarization that our lawyers have in tax law helps them develop optimal advice and solutions to any business’s concerns and needs. Our lawyers will work with you and help make sure that our client’s objectives are getting the best possible service in the taxation field.