Chandler MHM

Foifa Tharaphan

Partner

Foifa Tharaphan

Print profile

Languages
English Thai

Contact Information

FAX
+66-2-009-5080

Practices

Summary

KEY QUALIFICATIONS

Foifa is a Partner at Chandler MHM Ltd. (CMHM), and has been with the firm since 1999. From Mid-2012 until the end of that year Foifa was seconded to Myanmar Legal Services Ltd. (MLSL) in Yangon. She is now focused on banking, finance, and project finance and also due diligence of the project works and major project agreements for CMHM clients.

She specializes in advising offshore investors, banks, and lending institutions on a broad range of investment activities in Thailand, the Thai Laws and government regulations and procedures regarding taking of security interest over various types of assets, and is recognized by lenders for her expertise regarding energy and natural resources projects, with a focus on the renewable energy, infrastructure and petrochemical sectors.

RELEVANT CLIENT EXPERIENCE

Some Representative Transactions:

  • Advised syndicated lenders, including Thai and offshore lenders, on the taking and release of security interests in relation to the financing of IPP power projects in Thailand.  These projects, which held assets including land, buildings and machinery located in Thailand, included Tri Energy located in Ratchaburi in 2016, Glow IPP located in Chonburi in 2018, and a power plant of BLCP Power located in Rayong Province in 2019.
  • Advised DBS, as foreign lenders, on the taking of security interests over the assets of companies in the oil and gas sector, which had blocks and assets located in Thailand. This also involved giving opinions and general legal advice in relation to the financing documents from a Thai law perspective  between 2019-2020.
  • Providing general legal advice to Thai and foreign investors, lenders, security agents  in relation to the creation and release of security interests, movable and immovable property under various Thai laws including the Business Collateral Act.
  • Providing general legal advice to Thai companies, in-house counsels,  on the implementation and progress  law and sub-legislation  related to the Personal Data Protection Act 2019, Land and Building Tax Act 2019, and other relevant regulations relevant to the specific business of each client.
  • General advice to Thai and foreign investors, to conduct due diligence on projects in Thailand including for the purpose of loan purchases, M&A transactions involving Thai target companies, and due diligence on energy and infrastructure projects in Thailand.
  • Advised Thai and international banks on financing of eight IPP power projects in Thailand.
  • Advised The Siam Commercial Bank PCL on refinancing of First Korat Wind and K. R. Two in 2017, and Watabak Wind Co., Ltd. Closed in 2016.
  • Advised Syndicated Lenders, including ADB, KASIKORNBANK PCL. and Bangkok Bank PCL., on the taking of security over the assets of Solarco Co., Ltd., an operator of solar power projects in Thailand. Registered in 2015.
  • Advised Krung Thai Bank PCL. and KASIKORNBANK PCL. as lenders on the financing to Bangpa-in Cogeneration (BIC) for development of a 2nd Small Power Producer (SPP) gas-fired power plant project in Thailand. Closed in February 2015.
  • Advised Japan Bank for International Cooperation (JBIC), Mizuho Bank Ltd., Oversea-Chinese Banking Corporation Ltd. (Bangkok branch), Sumitomo Mitsui Banking Corporation, Bank of Tokyo-Mitsubishi UFJ (the syndicated lenders), on drafting and negotiating the Financing Documents, reviewing all Project Documents, and on preparing the Legal Due Diligence Report for development of the Khanom Electricity Generating Co., Ltd. (KEGCO) Power Project in Thailand.  Closed in December 2013.

EDUCATION

  • Boston University (LL.M. in Banking and Financial Law, 2010)
  • Thammasat University (LL.B. with 2nd Class Honors, 1998)

QUALIFICATION

  • Security Enforcer, 2016
  • Thai lawyer license, 2007

MEMBERSHIP

  • Member of the Lawyers Council of Thailand
  • Extraordinary member of Thai Bar Association
  • Member of the International Bar Association (IBA)
  • Member of Notarial Services Attorney

OTHER EXPERIENCE/PROFESSIONAL AFFILIATIONS

  • “Thailand: Secured Transactions” (International Financial Law Review, 15 December 2016, co-author)
  • “Developments in the Legal and Regulatory Framework and Recent Monetary Policy (2011/2012)” (Euromoney’s Global Banking and Finance Review, 2011, editor and co-author)

Search by Category