Tiruchelvam Associates

SERVICES

The firm provides a range of comprehensive services to its clients. Our objective is to minimize the uncertainty of foreign clients seeking professional assistance in an outside jurisdiction.

Each client is the primary responsibility of a Partner or Senior Associate who is the focal point for client interaction. The services are provided by either an individual lawyer or teams of lawyers, on a case by case basis. We aim to provide a level of lawyer accessibility that our clients are comfortable with. Our overall goal is to deploy the appropriate combination of expertise and experience required for the completion of a particular transaction or assignment, in a cost-effective and timely manner.

In addition to the in-house experience of the Partners and Senior Associates, the firm works on a needs basis with a network of Senior Consultants and Correspondent Law Firms who provide specialist advice and services. Consultants that the firm regularly relies upon include Professor R.K.W. Goonasekere (a senior Constitutional and Human Rights lawyer), Mr. C.P.E. Gunasingam (a senior Tax Consultant) and Dr. Rohan Perera, P.C. (an International Law Expert).

In this way, the firm, while retaining all the benefits associated with a small “boutique” type law firm concept, has strategically positioned itself to draw on the ready expertise of a pool of Consultants, thus effectively tapping a large reservoir of knowledge and experience, in order to maximize the level of service provided to the individual client.

The firm actively keeps abreast of all new legislation and regulations in relevant areas of practice. Both senior and junior members of the firm regularly attend seminars and workshops (domestic and international) and are actively encouraged to further develop and enhance their legal knowledge and skills.

Our specialist areas include:

• Alternative Dispute Resolution

• Agency and Distributorship

• Banking

• Commercial Transactions

• Corporate

• Company Secretarial Services

• Contracts- Commercial/ Private

• Conveyancing and Real Estate

• Cross Border Investments

• Employment/ Labor

• Human/ Fundamental Rights

• Immigration Law

• Intellectual Property

• Litigation

• Non-Profit Organizations
  
  
• Restructuring; Mergers & Acquisitions
  

• Tax

• Telecommunications

Alternative Dispute Resolution

Contact: Sithie Tiruchelvam

E-mail:  stiruchelvam@tiruchelvam.com

We have responded to the increasing need for alternatives to costly and time consuming litigation by providing services in the field of Alternative Dispute Resolution (ADR). We advise clients on the practices and methods and the applicable laws on ADR in Sri Lanka.

• The firm is presently advising a 5 star hotel at the appeal stage of an arbitration involving a claim of over US$ 400,000.

Banking

Contact: Asanka Abeysekera

E-mail: aabeysekera@tiruchelvam.com

We regularly provide advice to clients on banking laws and regulations in Sri Lanka. Our client base includes banks and foreign investors seeking guidance on the provision of financial services and financial re-structuring.

• We have recently advised a major Fortune 500 client on all aspects of the restructuring of its merchant acquiring business in Sri Lanka in relation to its credit card transactions.

• We have provided advice to a leading foreign provider of electronic and Internet based payments and processing services.

Commercial/ Corporate Law

Contact: Sithie Tiruchelvam; Asanka Abeysekera; Sharmela de Silva

We have a diverse knowledge base in the area of commercial and corporate law and provide our clients with a full range of services.

• Providing in depth legal advice on all aspects of company/ commercial law in Sri Lanka

• Since 2002 the firm has been acting for Bloomberg L.P.- a worldwide Fortune 500, finance-oriented, information and media company in providing wide ranging legal advice on all relevant regulatory regime in relation to various services offered by the company in the Sri Lankan market.

• Conducting Legal Due Diligence Studies. Major clients for whom the firm has acted in this regard includes NTT Communications Corporation. We have also carried out local legal investigations and Due Diligence for Paul, Weiss, Rifkind, Wharton & Garrison LLP on a Sri Lankan Company as part of a world wide acquisition by a Fortune 500 company.

• Mergers & Acquisitions- advising on stock and asset acquisitions, divestitures of privately owned companies and subsidiaries of public companies. We have extensive knowledge of the Sri Lankan regime.

• Joint Ventures- including commenting on draft joint venture agreements as well as drafting agreements for clients.

• Incorporating local subsidiaries of foreign companies- facilitating and obtaining Board of Investment (BOI) Approval and other requisite approvals.

• Registering Overseas Companies in Sri Lanka. Clients we have provided these services for includes Kalbe International Pte. Ltd.

• Examining, commenting, reviewing and drafting all types of Company/ Commercial Agreements including Shareholders Agreements, Share Purchase Agreements, Management Agreements, Distributorships and Agency Agreements.

Company Secretarial Services

Company Secretarial Services are provided by Central Corporate and Consultancy Services (Pvt) Limited, is an associated company of Tiruchelvam Associates. (please see below for contact details)

Consultancies (International)

• Consultancies with multinational financial and research institutions on privatization law, banking law, private sector development and corporate bankruptcy

• Legal reform consultancies with the World Bank in conjunction with Arthur Andersen and ADB ( secured transaction law reform)

• Contributing to the World Bank with legal updates for several surveys conducted by the World Bank annually for its “Doing Business” publication. [LINK http://message.worldbank.org/]

• The firm is designated as a “preferred law firm” by Trace International Inc. and it provides information, pro bono, on anti-bribery compliance issues and updates for the country bulletin on Sri Lanka.

Consumer Law

Contact: Sithie Tiruchelvam; Sharmela de Silva

We provide advice on the applicable laws surrounding consumer protection in Sri Lanka.

Contracts- Commercial/ Private

Contact: Sithie Tiruchelvam; Sharmela de Silva

Drafting and advising on all aspects of commercial or private contracts, including the law relating to Franchising.

Conveyancying / Real Estate

Contact: Asanka Abeysekera

We have a great deal of expertise in conveyancing/real estate and our client base ranges from individuals, to local and foreign corporate investors. Our services include but are not limited to acquisitions and sales, leasing, construction and development, joint ventures and mortgages, and the law relating to condominiums.

Our specific services include:

• Carrying out searches at the relevant land registries (All Island)

• Examining title deeds and plans and preparing title reports

• Drafting deeds and agreements and other notarial instruments and attesting these documents.

• Advising buyers/sellers on the relevant laws and regulatory provisions relating to the property they intend to sell/buy

• Advising investors on laws and regulations in relation to their investment.

Employment/ Labour Law

Contact: Sithie Tiruchelvam ; Sharmela de Silva

Our client base comprises of both employers and employees and our services include but are not limited to:

• Advising clients on all issues in relation to Employment Law in connection with their investments/transactions in Sri Lanka

• Drafting of offer letters, terms and conditions of employment, code of ethics and contracts

• Reviewing existing Employment Contracts

• Providing advice on the regulations surrounding the Employee’s Provident Fund and Employee’s Trust Fund

• Advising clients on the mandatory protections (eg. minimum leave requirements) afforded to employees by law

• Preparing labor manuals for employees

• Representing clients at Employment Tribunals

Human/ Fundamental Rights

Contact: Sithie Tiruchelvam; Ramani Muttettuwegama

Both Sithie Tiruchelvam and Ramani Muttettuwegama are prominent human rights activists in the Sri Lankan Human Rights Forum and have been involved with national and international research and advocacy in this field. Litigation experience includes: complaints in sexual abuse cases and actions on human rights violations as a result of national security laws.

Immigration Law

Contact: Sithie Tiruchelvam

This includes but is not limited to the following:

• Advising on application of Sri Lankan Law

• Advising on applications for long term immigration such as Resident Visas and Work Permits.

• Advising on citizenship regulations such as: applications for Dual Citizenship; registration of births of children of Sri Lankan nationals outside Sri Lanka; Resident Guest Scheme.

International Non-governmental Organizations (INGOs), Non-Governmental Organizations (NGOs), Voluntary Services Organizations (VSOs)

Contact: Sithie Tiruchelvam; Diani Nanayakkara

We act in an advisory capacity for a number of international and domestic non-governmental organizations. Our services include the following:

• Advising INGOs who wish to be established in Sri Lanka of the options available to them and assisting them in establishing offices in Sri Lanka.

• Advising NGOs operating in Sri Lanka on laws and applicable regulations.

• Assisting INGOs, NGOs and VSOs to register in Sri Lanka with the relevant authorities.

Leading clients include: Centre on Housing Rights and Evictions (COHRE), International Centre for Ethnic Studies (ICES), International Crisis Group (ICG), South Asians for Human Rights (SAHR), South Asian Women’s Fund (SAWF)

Intellectual Property

Contact: Asanka Abeysekera; Diani Nanayakkara

We have a solid client base of established clients to who we provide advice in the following areas:

• Registration of Patents, Trade Marks and Designs at the National Intellectual Property Office of Sri Lanka (NIPO)

• Preparing written submissions and objections and appearing on behalf of owners of Intellectual Property.

• Applying for registration of individual marks, conducting searches, attending inquiries in support of application.

Litigation

Contact: Sithie Tiruchelvam; Sujatha Kulatunga

Our firm also provides services in regard to corporate litigation to local and overseas clients. In Sri Lanka, the current practice is that litigating counsels do not attach themselves to singular law firms. Our team of lawyers who are both counselors and instructing attorneys consider the best available counsel for litigation on any specific issue, retain such counsel on behalf of the client and also have a member from the firm working together with the litigating counsel in court, in order to obtain the best possible representation on behalf of our clients. We also take great measure in keeping our clients constantly informed of the progress of the matter in court.

Privatization

Contact: Sharmela de Silva

Acted as lead counsel for a Fortune 500 Telecommunications giant NTT Communications Corporation in its investments in the Sri Lankan Telecommunications sector. We continue to provide legal services to this company.

Telecommunications Law/ Licensing (see also Privatization)

Contact: Sharmela de Silva

Advising on all aspects of telecommunications law and obtaining various communications licenses.

Tax

Contact: Sithie Tiruchelvam

Our client base is both local and international and the substantive areas we cover fall into a wide spectrum. Some of the advice we have provided included but are not limited to:

• Fiscal liabilities of enterprises including: tax on income, dividends, royalties, employment income of an expatriate employee

• Relief in cases of double taxation

• Turnover tax

• Assessable income, ascertainment of profits or income losses, withholding tax, Economic Service Charge, debit tax, stamp duty. Social Responsibility Levy, Cess, Excise Duty, Regional Infrastructure Development Levy, Custom Duty

• Advice on Value Added Tax (VAT) regulation