Services

William & Hendrik is Indonesia’s top corporate law and litigation firm.

With our commitment to integrity, excellence and hard work, we guide our clients through complex issues and offer practical, sound advice.

SERVICES

Areas of Practice

Banking & Finance

William & Hendrik’s lawyers are experts in banking and finance transactions including syndication loans, bilateral lending transactions, project finance transactions, debt restructuring, and financial or securities instruments such as medium term notes, convertible and exchangeable bonds. We also advise on non-banking financial institutions, particularly insurance.

W&H advises on Indonesian security laws such as Hak Tanggungan (mortgage over land and building), pledges, fiduciary and other securities. We offer counsel on banking law and Financial Service Authority (OJK) regulations, with regard to financial institutions.

We also advise on regulatory issues regarding receipt of offshore commercial loans by Indonesian companies and subsequent official reporting.

Several of our partners/lawyers were general counsels at some of the largest multinational insurance companies in Indonesia. Their valuable and hands-on experience are added values for our clients.

Capital Markets

W&H was ranked Indonesia’s number one capital market law firm based on the highest number of IPO transactions in 2020.

W&H is acknowledged as one of the overall top tier law firms in Indonesia for its expertise with various capital market transactions. Our capital market team has extensive knowledge and expertise with various types of capital market transactions ranging from IPOs (including those involving Reg S and/or 144A schemes), issuance of both local and offshore bonds, rights issues, cross border financing through capital markets, private placement, mergers and acquisitions of publicly listed companies, tender offers, corporate restructuring and reorganization.

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 Programs (ESOP)/Management Stock Option Programs (MSOP), etc.

Corporate Secretary Services

Several of our partners and counsels were the corporate secretary at some of the largest multinational and Indonesian publicly listed companies. Their experience is a major advantage for clients needing assistance with corporate legal matters.

William & Hendrik advises on regulations related to day-to-day business operations, liaising with relevant authorities and assisting with the submission of any reports, as required. We assist clients in processing any necessary licenses, permits or public announcements, and in the preparation of legal documents needed for meetings of shareholders, board of directors, and/or board of commissioners.

Employment

At William & Hendrik, resolving issues between corporate management and employees, and providing counseling to company human resource and business departments, is high on our list of expertise. With complete organizations or independents, our experience in employment law ranges from litigation in simple HR-related matters to cases of contested termination, strikes, discrimination, unfair labor practices and employment disputes.

We advise clients on various employment matters including severance payments in the context of mergers and acquisitions, outsourcing, fixed-term and permanent employment contracts, etc. We frequently assist clients in implementing redundancy plans that can be completed efficiently, and advise companies who are conducting reductions in force about how to do so with minimal employee dissent.

W&H also prepares and reviews draft company policies concerning submission of complaints and whistle-blowing procedures, outsourcing, secondment contracts, company regulation and collective labor agreements. We have extensive experience in negotiating with employees and labor unions, handling client cases at Industrial Relations Court, and in dealing with the Indonesian Manpower Office.

Foreign Investment & General Corporate

Indonesia is an attractive country for foreign investors and in which to establish a business. With its over 270 million people, Indonesia offers good opportunities for manufacturers to produce and sell their products nationally and for export.

William & Hendrik advises clients on the establishment and post-establishment stages of forming a foreign investment company (PMA) and representative offices. We guide clients on “how to do business in Indonesia,” including ensuring that any investments meet all applicable requirements. From the relevant authorities, we also assist in processing the licenses and permits needed for any business operations.

Importantly, W&H also provides advice on the day-to-day business and regulatory operations of a PMA company from the perspective of the Capital Investment Coordinating Board (BKPM), the Online Single Submission (OSS) system and other technical department regulators.

Insurance

William & Hendrik has extensive experience in both life and general (loss) insurance transactions.

We are well-versed in the insurance business and its day-to-day operations. Our experience is our clients’ advantage.

The firm advises on various insurance matters including Indonesian insurance law, bancassurance, agency, brokerage, channels of sales and distribution, compliance with insurance regulations, and reporting to the Indonesian Financial Services Authority (OJK).

We review and negotiate bancassurance agreements (exclusive and non-exclusive) between our insurance company clients and their bank partners. We also review and advise clients on retrocession contracts.

Acquisitions and joint ventures of insurance companies in Indonesia, and successfully conducting due diligences for the purpose of acquisitions, is well within W&H’s field of expertise.

IT, Fintech & Digital Economy

William & Hendrik advises clients on many aspects of the fintech, e-commerce and digital economy industries. We have significant experience with success in due diligence for and acquisitions of information technology (IT) and fintech companies. Our senior lawyer was also a general counsel at a well-known leading e-money company.

W&H’s expertise includes preparing, reviewing and negotiating contracts and service agreements with both local and international IT vendors. We also provide legal advice for clients on IT software, products and services, and digitalization projects.

The W&H team expertly reviews contracts and strategic cooperation agreements, merchant aggregator/acquisitions, technical cooperation, and co-branding agreements, etc. We also assist our clients in preparing the standard/template agreements they use in service to their customers, including for peer-to-peer lending, crowdfunding, and IT platform-based businesses.

Litigation & Alternative Dispute Resolution

We represent clients as both plaintiffs and defendants before courts and arbitration panels, and assist in settling or formulating litigation strategies. We accompany and advise clients in working with Indonesian authorities, particularly the police and public attorneys. We also handle civil and criminal cases, bankruptcy and insolvency proceedings, administrative and labor cases.

When a client comes to us for advice we evaluate their claim, read through all the relevant documentation received from them, and advise on the prospects of success.

W&H counsels our clients if their claim is not particularly strong and should therefore try to settle, or if a claim issued against them is weak and they have a good chance of winning.

We handle court proceedings and deal with disclosure and drafting witness statements. W&H also prepares trial bundles with all the documentation required by the court both pre- and post-trial.

Mergers & Acquisitions

William & Hendrik’s team of expert lawyers has achieved much success in handling mergers and acquisitions of both private and publicly listed Indonesian and foreign investment (PMA) companies. We handle various types of M&A transactions including share and asset acquisitions, spin-offs, divestments, joint ventures and strategic partnership transactions.

W&H’s expertise includes with due diligences, and preparation and negotiation of contracts (particularly sale and purchase of shares agreements and joint venture/shareholders agreements). We assist clients in liaising with the relevant authorities in relation to the M&A process, particularly in order to obtain required approvals. We also provide tactical and strategic advice on regulatory issues with regard to M&As under Indonesian company laws and their implementation, as well as capital market laws or regulations, when necessary.

Real Estate / Property

Because property ownership is complicated and interchangeable in today’s world, at William & Hendrik we help make sure that a client’s property stays with them. To that end, we advise, negotiate and prepare contracts for all types of real estate/property developments and transactions.

W&H has broad experience in the sale and purchase or acquisition of land and/or buildings, and property companies. We also handle the preparation and negotiation of contracts such as hotel management cooperation agreements and their ancillary arrangements, and financing documents. We also advise on matters and issues regarding hotel, apartment, villa, resort, leisure, golf club and time share developments, as well as Build Operate Transfer (BOT) cooperations.

Tax Law

Any business must abide by applicable tax laws. So, at William & Hendrik, our qualified lawyers assist with advice on tax regulations, individual or corporate tax compliance and tax dispute resolution.

W&H’s expertise in tax law means our lawyers can develop optimal suggestions and solutions to any corporate tax concerns and needs. Our lawyers will work with you to make sure your tax objectives receive the best possible chance of success.

Aviation

William & Hendrik is committed to providing our clients with leading legal advice in the aviation sector.

Increased competition, security concerns, and service expectations have impacted the industry and created a need for more legal assistance. W&H’s aviation-related experience is in regulatory and compliance issues, financial structures, insurance and security interests, among others.

Our aviation expert works with national aviation companies and is up-to-date on all legal proceedings and news pertaining to the sector.

Hospitality & Leisure (Entertainment and Food & Beverage)

The William & Hendrik team is dedicated to streamlining the legal process involved in this heavily regulated industry so that it is more transparent and manageable.

Our team is a leading legal advisor in the strategic and day-to-day challenges of our clients including those from entertainment, hotels, cosmetics and F&B, to name a few.

Our specialty areas are land acquisitions and title due diligence, credit and financing, taxation, licensing, intellectual property, employment, and litigation and dispute resolution, among others.

W&H’s tailor-made services and dedication to the law makes our owner, hotelier, developer, financier and other prominent clients in the hospitality and leisure industry feel confident in progressing with their plans.

Infrastructure

Infrastructure development is undergoing considerable expansion as governments and the private sector plan, procure and deliver projects that boost productivity and ensure sustainable growth.

At William & Hendrik, we support the development, construction, financing, acquisition, ownership and operation of infrastructure projects, as well as infrastructure companies, at the national and international level.

Our past clients can attest to our hard work and dedication to having their projects succeed at the highest level.

Mining

Mining is a vital industry that the W&H team stays on top of given Indonesia’s abundant natural resources.

Our team caters to investors and clients in general mining, mining construction, mergers and acquisitions, legal due diligence, and commercial dispute resolution for major, mid-tier and junior companies.

We understand the legal complexities and challenges of the industry, and we assist our clients in managing them using our experience and expertise.

Oil & Gas

At William & Hendrik, our lawyers have a good standing record of finding commercial legal solutions in the oil and gas sector.

We advise our clients on establishing foreign investment companies and/or joint ventures, negotiation and drafting of concessions/participation interests, licensing and exploration through production, sales, and decommissioning, and also enhancing energy sales contracts.

Our lawyers are also experienced in day-to-day issues such as regulations and regulatory compliance. We are committed to building bridges of agreement between all parties involved in any legal matter.

Plantation & Agribusiness

The team at William & Hendrik assists clients with understanding the current legal and regulatory requirements for business permits, land ownership, and partnerships in the plantation and agribusiness areas. We then bring our expertise and experience into practice, as required.

Retail & Consumer

The retail and consumer industries are continually changing forces that are driven by new developments and different trends.

At William & Hendrik, we offer our clients the best options and resources for their business plans and objectives. Our expertise includes success with mergers and acquisitions, ongoing commercial relationships, economic regulations, franchising and licensing arrangements, real estate matters, public policy, and more.

From strategic growth and divestments to brand management and commercial relationships, our team has the skills and knowledge to help our clients develop their businesses.