Corporate and commercial law is the core of Widyawan & Partners' practice.
We provide services to a range of clients in many different industries and covering many business transactions. Indonesia has a civil law system that is influenced by the Dutch legal system. However, more and more cross-border transactions introduce common law concepts and terminology to corporate and business structures transactions involving Indonesia and / or Indonesian companies.
Apart from bridging the differences and explaining the Indonesian civil law system and its regulatory framework to investors from common law systems, Widyawan & Partners advises on day-to-day issues and assists companies operating in Indonesia in complying with Indonesian regulations.
- Mergers & acquisitions
- Foreign direct investment
- Media & broadcasting
- Aviation
- Capital markets
- General corporate
- Intellectual property & franchising
- Privatisations
Mergers & acquisitions
Lawyers at Widyawan & Partners assist in the structuring, negotiating and carrying out of mergers and acquisitions between Indonesian companies resulting from mergers and acquisitions conducted elsewhere around the globe. We also provide legal advice on the buying and selling of companies and businesses that involve foreign parties. Our lawyers have a breadth and depth of M&A experience, from due diligence investigations of target businesses through to structuring, negotiating, documenting and financing of acquisitions. Our clients include domestic and international investors and consortia as well as domestic vendors and targets. We are able to produce detailed due diligence reports into Indonesian companies of an international standard.
Among the industries in which our lawyers have M&A experience are energy (electricity generation, transmission and distribution and gas development and transportation), mining, agriculture, manufacturing, insurance and banking and other financial services.
Foreign direct investment
Most business sectors in Indonesia are open to foreign direct investment. Foreign companies may, through the Investment Co-ordinating Board (BKPM), invest in Indonesia by establishing limited liability foreign investment (PMA) companies with the approval of the Indonesian Government. In some areas, 100 per cent foreign investment is allowed. In other cases, it is necessary to have an Indonesian co-investor and in some it is commercially advantageous to form a joint venture with an Indonesian party. Widyawan & Partners assists with documenting the establishment of PMA companies and in negotiating and documenting joint ventures. We can assist with negotiations with BKPM and other regulatory authorities relevant to the particular investment (for example, the Department of Energy and Mineral Resources and the Ministry of Finance) and in obtaining the necessary business licences.
We are also able to assist foreign companies that prefer to operate in Indonesia through representative offices, through agents or by licence.
Media & broadcasting
Widyawan & Partners media and broadcasting practice provides advice to investors, lenders, entertainment organisers, production houses, individuals/companies, television, print and electronic media. We advise on financial structures, content production agreements, licensing, transmission issues and give regulatory advice. Widyawan & Partners has acted for one of the world's leading media companies in relation to its investment in Indonesian domestic terrestrial television.
Aviation
Widyawan & Partners provides legal advice to aircraft and engine manufacturers, airlines, purchasers, lessees and lessors of aircraft and aircraft equipment, as well as to financiers and vendors. Our lawyers have also advised potential strategic investors on the acquisition of an airport management.
We give advice on security interests, financial structures, regulatory issues (specifically from an Indonesian legal perspective on the importation and lease of aircraft or aircraft equipment), compliance issues (including those relating to IATA), and on specific projects, including the restructuring of airlines and the establishment of airline companies.
Capital markets
Widyawan & Partners provides services in the Indonesian capital markets. Several of our lawyers are registered as licensed capital market lawyers with the Capital Market Supervisory Board (BAPEPAM). Our lawyers have acted on behalf of issuers, arrangers and underwriters of many debt and equity issues in Indonesia, including IPOs, secondary offerings, mutual funds, convertible bonds, note issues, swap transactions and other derivative products.
Our lawyers have advised domestic and foreign companies on all aspects of compliance with capital market regulations, including those relating to tender offers, private placements, conflicts of interest, insider trading, mergers of listed public companies, creation of derivative securities, employee stock option plans and reporting requirements.
General corporate
Widyawan & Partners aims to assist its clients in understanding and complying with the Indonesian legal system, while also giving advice based on an appreciation of commercial issues. In many instances, we act as counsel to corporations, and assist in the establishment and operation of new companies (including drafting articles of association). We also provide advice on issues such as company law, shareholder meetings, liability of directors and commissioners, human resources, as well as general corporate matters and advising on our clients' contractual relationships with other companies or third parties.
Intellectual property & franchising
Widyawan & Partners' intellectual property practice includes advising on the creation, protection, licensing and enforcement of intellectual property rights in Indonesia. We provide assistance in the filing and monitoring of applications for registration of trademarks and copyright, and on legal issues pertaining to trademarks, copyright, trade secrets, and other intellectual property rights regulated and protected in Indonesia, as a member state of WIPO.
Our lawyers have experience in advising both franchisors and franchisees on franchise, licence, joint venture and operating arrangements, legal issues and regulatory frameworks for franchises in Indonesia and related competition and consumer laws.
Privatisations
Widyawan & Partners provides advice and assistance to government on the restructuring and sale of state-owned enterprises. This complex process may involve accessing of the capital market or private placement, and our lawyers have expertise in the relevant legal areas.
We also have experience in advising bidders for state-owned assets.