area of practice
XLT practices focus on key areas to provide quality results in either of our deliverables on Legal Due Diligence Report, Legal Opinion, Legal Advice, Contract, Consultation, Negotiation, Valuation and Financial Services in areas as listed:
Foreign Investment & Offshore Companies
  • We advise our clients both international and domestic companies on establishing limited liability companies, and provide advice on corporate actions including compliance and other legal issues which can arise from their ongoing operations and activities in Indonesia. We help our clients establish foreign investment companies, starting from the application process through to obtaining approval from the Capital Investment Coordinating Board (BKPM) and legalization by the Minister of Law and Human Rights, including registration at the Company Registry and announcement in the State Gazette.
  • We manage legal/regulatory issues related to diverse business fields in Indonesia (such as trading, procurement of goods/services, manufacturing), including obtainment of relevant approvals and licenses, establishment of domestic/foreign companies, joint venture, joint operation and/or other forms of cooperation.
  • We assist our clients in choosing the most appropriate investment structure depending on business sectors and the client's commercial objectives. In addition to direct foreign investment, we have also assisted clients in establishing technical assistance, indirect ownership arrangement and establishing representative offices in Indonesia.
  • We are able to negotiate on behalf of our clients about legal documentation for joint ventures and partnerships between foreign and Indonesian investors or enterprises. Our broad understanding of business dynamics allows us to best anticipate our clients’ present and possible future interests as applicable in related documents. We also assist clients in devising and implementing various alternatives to direct foreign investment, such as the licensing, franchising, and distribution arrangements.
  • Our additional service is to accommodate our client’s business activity to expand to other countries, including establishing or acquiring a foreign company regarding on tax implication issue.
Corporate & Commercial Issues
  • We provide advice on corporate actions including dissolution of companies, as well as tax implications and exemptions. We also advise on powers and authorities of corporate organs, i.e. shareholders, commissioners and fiduciary duty of directors, aiming at achieving good corporate governance. For corporate sector, we review on: annual or extraordinary general meeting of shareholders, change of business field, transfer of shares, company registration, share registration, employment reports, etc.
  • We assist our clients in their business activities, from day-to-day operations to commercial transactions. We tailor our contract on behalf of our clients’ needs for a wide spectrum of business, to provide relevant assistance and optimum protection for our clients’ interest.
Real Estate
We assist clients in the coordination of large real estate acquisitions for residential development, commercial use, office project, or industrial area. We have represented domestic and international investors, also been involved at every step, from the initial acquisition to the final sale, covering and representing with regard to:
  • conducting a due diligence on existing rights over land;
  • dealing with Land Registry and related officials;
  • negotiating with existing owners of rights over land;
  • documentation of transfers of rights over land;
  • tax issues;
  • strata title process; and
  • using land as security.
From leasing and tenancies to joint ventures and project management, we have access to the requisite skills and experience to help you. We also advise on sale and purchase transactions and leasing on land, with broad experience in negotiating and drafting commercial leases of all degrees of size and complexity.
Merger & Acquisition
We advise strategic investors and domestic corporations on asset and share acquisition transactions, mergers and reorganizations across a broad range of market sectors along with legal documentations and compliance relevant to merger and acquisition. Our services shall further comply with legal and regulatory requirements, including due diligence, document preparation and relevant implementation processes (liaising with public notaries and related institutions).
Mining Sector
  • We understand that although Indonesia possesses vast natural resources, mining work can be politically and socially sensitive, and we present to anticipate and minimize the risks of either setting up companies or business presence in Indonesia.
  • We also advise foreign investors in relation to the establishment and operation of mines and associated activities across Indonesia including exploration and/or exploitation mineral, oil, and/or gas, in the field of mining and/or energy. We have experience handling complex issues arising from mining activities due to Indonesian mining and/or energy regulations, regional autonomy, and forestry laws.
  • We handle all corporate and regulatory issues, joint operation structuring, contractual arrangements and due diligence, contract negotiation and dispute resolution matters for our mining and other natural resources clients.
Intellectual Property
We advise our client to protect their intangible yet highly valuable assets, such as trademarks, copyrights, patents, trade secrets, industrial designs, and integrated circuits. We implement practical and effective strategies to protect the best of our clients’ intellectual property, along with commercialization and enforcement, ensuring compliance with local legislation.
Human Capital Services
We work with you to achieve your human resource needs in compliance with the country’s laws and expectations. We can advise you on how to best manage your people in a professional way and consistent with legal requirements for fairness as well. We are experienced in human capital issues and provide the overview picture of the planning blue print and implement it in legal documents including but not limited to employment contracts, in association with HR policies and procedures, to ensure our clients comply with the prevailing laws.
Dispute Resolution
We represent our client for intermediary process specifically for outside court settlement, and provide various types of settlement with advisory works and strategies. Furthermore our firm shall prepare help and assistance related to precedents, documents, evidence, expert witnesses, also suitable mediators, sourcing venues and guidance on arbitration proceedings and/or domestic court for successful dispute resolution, specifically reaching a mutual consensus in the negotiation process instead of enforcement through vary of security rights. Although sometimes dispute can only be settled in court, such as litigation and tax dispute.
Valuation
  • We undertake the valuation of entire businesses, shares, interests in joint ventures, company debt and share options.
  • We tailor the scope of our business valuations to our client’s specific needs and the purpose of the engagement.
  • When appropriate, our valuation report provides an overview of the company, industry, economy; discusses value drivers; outlines the analysis performed, along with the inputs and assumptions; and incorporates detailed exhibits that support our valuation conclusion.
  • The valuation analysis is sound and the report is defensible, and if challenged, we provide our clients with additional support, including serving as an expert witness at trial.
A valuation of a company or business assets requires a thorough understanding which involve an independent, objective and experienced assessment of a number of factors, including:
  • The industry in which the business operates;
  • Investors expectation of the relevant industry;
  • The products, markets, competitors and market share of the business;
  • The trading and financial record of the business;
  • The caliber of management and key employees;
  • Future prospects for the business; and
  • The marketability of the business assets or shares in the company.
Financial Due Diligence
We focus on providing potential investor with an understanding of target company’s financial health, which contains:
  • Historical Financial Performance;
  • Historical Financial Position;
  • Financing;
  • Working Capital Analysis;
  • Cash Flow Analysis.
We help potential investors to identify and understand critical success factors and therefore improve the investors understanding of all the relevant issues so that informed decisions can be made.
Audit
Financial audits exist to add credibility to the implied assertion by the Company’s management that its financial statements fairly represent the Company's position and performance to the Company's stakeholders.
  • We provide an opinion of the overall financial statements in the Audit Report which complies with auditing standards established by The Indonesian Institute of Certified Public Accountants (IAPI);
  • We assist clients to obtain reasonable assurance about whether the financial statements are free of material misstatements, both due to fraud and error, including performing procedures to obtain audit evidence regarding the amounts and disclosures in the financial statements. The procedures selected depend on the auditors’ judgment, including the assessment of the risks of material misstatement of the financial statements, both due to fraud and error.
  • We assist clients in evaluating the appropriateness of accounting policies and whether they have been consistently applied and adequately disclosed. The reasonableness of accounting estimates made by management will be reviewed, and the overall presentation of the financial statements along with adequate disclosure of the applicable financial reporting framework will be evaluated.
  • We provide an evaluation in whether the information presented in the financial statements are relevant, reliable, comparable and understandable as well as providing adequate disclosures and appropriate terminology.
  • We will review any other information to be presented with the financial statements to identify material misstatements or inconsistencies with the audited financial statements or based on our understanding of the company.
  • We will also evaluate the overall financial statements presented in accordance with the requirements of the Statements of Financial Accounting Standards (PSAK).
 
 
 
Menara Prima, 28th Floor,
Jl. DR. Ide Anak Agung Gde Agung Block 6.2, Mega Kuningan,
Jakarta 12950, Indonesia
62-21) 2253 2808 (t)
(62-21) 2519 6860 (f)
info@xltglobal.com (e)