KEY QUALIFICATIONS

Jutharat is a Partner at Chandler MHM Ltd. (CMHM) and has been with the firm since 1999. Starting in 2013, she was seconded to Myanmar Legal Services Limited for almost three years, until April 2016. In Myanmar, she assisted foreign companies incorporate, presented successful project proposals to the Myanmar Investment Commission (“MIC”), and performed due diligence on foreign direct investment (“FDI”) projects. In Thailand, she has represented Thai and international clients in preparing applications for investment promotion to the Board of Investment (“BOI”) and the Industrial Estate Authority of Thailand (“IEAT”) in a wide variety of sectors, including energy, telecommunications, electronics, and software. As a specialist in corporate law, she has also represented numerous clients on share or asset acquisitions, partial and complete business transfer transactions, and registration of regional, branch, and representative offices of foreign corporations in addition to advising on other regulatory compliance issues. Jutharat has worked with Thai and international clients on their data protection compliance strategies. This has included due diligence and providing advice and analysis on the compliance with data protection law.

RELEVANT CLIENT EXPERIENCE

Some Representative Transactions:

• 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.

• a chemical company on its restructuring and partial business transfer. The transaction involved several permits and licenses including IEAT and a foreign business license.  In addition, advised the client on the privacy law and other regulatory compliance.

• a Food and Beverage company on regulatory compliance and anti-trust related matters. This involved advising our client on situations which might be subject to restrictions under the anti-trust law as supervised by the Office of Trade Competition Commission (“OTCC”).

• Tyson Foods, Inc. - advised Tyson Foods, Inc. on the acquisition of shares in Thai subsidiaries and advising on the shareholding structure for an operating feed mill, livestock, a hatchery, a slaughterhouse, and a food processing business by the majority foreign-owned company. 
• An E-commerce on the acquisition of the entire shares in a company engaging in an e-commerce platform and in carrying out all aspects of trading/retail businesses and service solutions businesses in Thailand. 
• Frutarom Industries Ltd. - advising Frutarom Industries Ltd., a company listed on the Tel Aviv stock exchange, to acquire a majority share interest in two Thai food ingredient manufacturing companies
• An Israeli company listed on the Tel Aviv stock exchange, to acquire a majority share interest in Mighty International Co., Ltd., and Maharaj Food Co., Ltd, the target companies - major manufacturer/exporters of food ingredients in Thailand and the Asian region.
• SSG Capital Management on the acquisition of G Steel PCL, a major steel company in Thailand. The deal was significant based on its complex cross-border nature, the fact that the target company was a financially distressed entity, and the requirement to deal with multiple parties including: the Thai government, the multi-jurisdictional lenders, and various other shareholders.

• 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.

• Foreign investors and foreign companies on corporate structures, joint ventures, FDI projects in Myanmar, and represented several foreign investors on MIC work under the Foreign Investment Law (“FIL”). This work included: advising a private clinic and diagnostic center, a seed and processing business, and a hotel. Also represented Thai banks on corporate matters regarding branch and representative offices, including project financing. 

• A foreign shareholder in a Thai industrial manufacturing company on the negotiation for, and purchase of, the remaining shares of the company. Assisted the client in negotiations with the shareholders, and drafted documents to protect the client while also fully informing the client on the terms of the deal.

• Foreign investors in Thailand on the preparation and processing of applications for investment promotion and the implementation of BOI and IEAT projects in power generation, electronics, computer and software, and other industries.

• Foreign investors in Thailand on conducting due diligence for regulatory compliance, licenses, permits and government approvals in connection with numerous industrial projects. Also, advised on share or asset acquisitions, M&A, and transfer of business, both partial and entire business transfer transactions.

• Thai and international clients on performing corporate secretarial work in addition to providing regulatory advice, as general counsel of various companies, on key businesses activities.

• Thai and foreign clients on data protection laws including providing in-house training on compliance, anti-trust, anti-bribery, and data protection law.

EDUCATION

• SMU Dedman School of Law (International LL.M., 2013)
• Thammasat University (Diploma in Business Law, 1998)
• Thammasat University (LL.B., 1996)

QUALIFICATION

• Thai lawyer license, 1998

• Certificate in appreciation of contribution in 2021 to the research of The Global Indicators Group, The World Bank Group

MEMBERSHIP

• Member of the Lawyers Council of Thailand
• Extraordinary Member of Thai Bar Association
• Member of Notarial Services Attorney

PUBLICATION

• "Establishing a business in Thailand" (Thomson Reuters, 2019, editor and co-author)