KEY QUALIFICATIONS

Koonlacha is a Partner at Chandler MHM Ltd. (CMHM). She has experience in the field of corporate and M&A in relation to real estate, industrial, telecoms, oil and gas, power and wholesale and retail law. She also has extensive experience in licensing and permit issues and particular experience of land registration issues in the project sector. Koonlacha has been involved in various M&A transactions in Thailand and has advised a number of clients in relation to industrial, commercial (e.g. department store and modern trade), condominium, hotel, office, and residential properties.  

RELEVANT CLIENT EXPERIENCE

Some Representative Transactions:

• The lead counsel in relation to a business combination between a US special purpose acquisition company (SPAC) and a United Kingdom company (Target) that mainly carries on its operation through a Thai subsidiary. The Target group is a developer and manufacturer of high performance two-wheel electric vehicles with innovative architecture and powered by an advanced electric motor.
• Thai Oil Public Company Limited in relation to the disposal of 10.78 percent of its shares held directly in Global Power Synergy Public Company Limited to PTT Public Company Limited and, one of PTT’s subsidiaries, Siam Management Holding Co., Ltd.
• CAT Telecom Public Company Limited and TOT Public Company Limited on their amalgamation. This involved advising on relevant telecommunication licenses, frequency licenses and broadcasting licenses and dealing with the Office of the National Broadcasting and Telecommunications Commission (NBTC). The new entity was formed and called the National Telecom Public Company Limited.
• Export-Import Bank of Thailand in its conducting of a self-assessment exercise and preparing legal documents in order to comply with the Personal Data Protection Law. Thai Exim Bank received recognition in “The Best Practice” category at the PDPA AWARDS 2020 presented at the DPO-CDO Symposium 2020.
• Nissan Group on various matters, including the day-to-day issues relating to factory operations and back-up operations, drafting key commercial agreements such as supply agreements; templates for dealership agreements and relevant security agreements to be entered into with dealers; legal compliance review projects; relevant schemes for financing, security (guarantee and mortgage) and relevant claims with its dealers and guarantors and drafting key commercial agreements; and templates of floorplan agreements, loan agreements, security documents and various notices.
• Ek-Chai Distribution System (Lotus) on a freehold and leasehold land acquisition for a number of hypermarket and supermarket sites with the approximate project value of USD 200 million; providing regulatory advice for the establishment of more than 150 Lotus stores in Thailand and 70 stores for solar rooftop projects; preparing advice on various matters, including new business model (new store format), FBA investigation, local competition law compliance review, solar rooftop project, electronic transaction, Tesco-Esso project; in respect of the acquisition of property from Tesco Lotus by TLGF to the TLGF Fund by using loan proceeds and the subsequent lease-back of the Tesco Lotus stores; and on a number of projects in respect of land acquisition for its Tesco shopping mall.
• Gaysorn Group; on day-to-day issues relating to retail of lease space business, litigation, numerous commercial agreements and PDPA.
• Chevron (Thai) (Down Stream) on providing regular regulatory advice to Chevron (Thai), including in relation to the Bangkok Terminal, lease agreement with IEAT, royalty program and products advertisement and applying for a FBL.
• Siam Piwat Co., Ltd., on the renewal of land lease with the Royal Family (Siam Paragon); and on land acquisition to develop the Bangkok Premium Outlet.
• Rubber Authority of Thailand on providing the Rubber Authority of Thailand with regulatory advice on the establishment of a rubber valley in the south of Thailand with the approximate project value of USD 1,400 million, including  advising on the lease of land from the Treasury Department, Ministry of Finance.
• PTT Oil and Retail, in respect to regulatory advice on All in One Application Project; and in applying for trademark registration and renewal of trademark registration, including representing the client in connection with any infringement of the trademark.
• PTT Public Company Limited on its privatization and on a number of projects, including on share disposal in Bangchak Petroleum Plc to Social Security and Vayupak; on its additional investment in Bangchak Petroleum Public Company Limited.; on its disposal of a 25 MW cogeneration power plant to Bangchak Petroleum; on the shares acquisition in Thaioil Energy Solution; and on the set up of PTT Tank Terminal.
• Thaioil Ethanol Company Limited and Bangchak Petroleum Public Company Limited (BCP) on their joint investment with the founding shareholders in UBE to develop a 400,000 LPD cassava-based fuel ethanol plant at Ubonratchathani province. TET and BCP hold approximately 20% each and the founding shareholders will remain as the majority shareholder with their aggregate shareholding of 60%.; on its acquisition of a majority stake (existing share) in Sapthip Co., Ltd., a Thai company engaging in a manufacture of ethanol; on its on their joint investment with the founding shareholders in Sapthip.
• Hong Kong Land on its entry into a joint venture with entities in Central Group for its USD600m acquisition of a substantial site in Bangkok earmarked for a mixed-use development (British Embassy). This included advising on negotiation of the applicable joint venture agreement, as well as advising the joint venture entity on the land sale and purchase agreement.
• AIS through its subsidiary on applying for applications for the 2100 MHz, 1800 MHz, and 900 MHz frequency auctions; in arbitration in the Thai Administrative Court against a State-owned telecom operator in relation to a dispute relating to the concession agreement; on preparation for other potential law suits in the Thai Administrative Court against other relevant government bodies/ regulators and officials, including other private sector operators which may have contributed to damages caused to AIS and its subsidiary; on legal issues related to concession agreements and telecoms laws; and on providing relevant advice and opinions on telecom regulations and advising/commenting on structures and relevant agreements for the use of frequency to be granted by a State-owned telecoms operator.
• Thaicom on relevant issues raised by the ICT Ministry against Thaicom in connection with a concession agreement with the ICT Ministry and on regulatory issues; and on preparation of relevant letters and documents during Thai coup under martial law.
• DTAC as Thai and international lead managers’ counsel, on Thai and English law aspects of the dual listing of DTAC on the Stock Exchange of Thailand; involved in preparation for other potential law suits in the Thai Administrative Court against other relevant government bodies/ regulators and officials, including other private sector operators  which may have contributed to damages caused to DTAC and its subsidiary; and on providing of advice and opinions on regulatory issues, including foreign dominance rules; domestic and international roaming; NMP; network sharing and infrastructure sharing; and on providing opinion on the use and operations of the current frequency under the concession agreement.
• Telenor on its re-structuring of its shareholding structure in DTAC; legal work relating to the grant of the mobile license on entering into a contract with the Tower Company and build-out and operations of the Telenor entity in Myanmar.

EDUCATION

• Thammasat University (Diploma in Business Law, 1999)
• Thammasat University (LL.B., 1997)

QUALIFICATION

• Thai lawyer license

MEMBERSHIP

• Extraordinary Member of Thai Bar Association
• Member of Lawyers Council of Thailand