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Legal Due Diligence

Legal Due Diligence proves to be far more cost-effective rather than discovering legal liability later on after the deal has been closed

Legal Due Diligence (LDD) is a legal examination or legal audit to make sure that the upcoming business transaction is worthy, it is a critical part of any upcoming transaction and it needs to be done thoroughly.

We provide legal due diligence to support clients with a clear legal perspective on any upcoming business transaction or other legal matters. This involves a comprehensive examination of client or counterpart business, corporate documentation, business operation license or permits, material contracts, assets, HR or employment matters, intellectual property, and historical as well as current legal disputes, along with elaboration on potential legal challenges that may affect the success of upcoming transactions.

Why do you need to conduct legal due diligence?

  • the ultimate goal is to check under the hood and verify that everything is in order
  • to obtain a legal perspective on your company or the target company
  • identify the ‘deal-breaking’ issues
  • you should consider one question: “is there any legal reason why we should or should not acquire this company?”
  • minimize the risk of unforeseen legal liabilities after the transaction has been completed

The following are the phases of legal due diligence:

  • Preparation
    This phase is setting the goals and priorities. We consistently prioritize crucial data to determine which information is most important.
  • Legal Examination
    Our lawyers are collecting facts and documents to seek legal findings and to formulate a legal opinion to make sure that the upcoming business transaction is worthy. Our lawyers will structure the legal examination around the primary question or objectives. This is also an opportune moment to assist our lawyers in grasping the overall picture of your company.
  • Result (Report and Legal Opinion)
    A report of the legal due diligence highlighting the most significant legal findings and a clear legal opinion will be provided by our lawyers.

Selected Project Handled:

  • Assisting in Legal Due Diligence for a Malaysian company to conduct the acquisition of an Indonesian mining company.
  • Assisting in Legal Due Diligence for an Indonesian construction company to conduct the acquisition of another Indonesian construction company.

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Frequently Asked Questions

What is a Demand Letter?

A demand letter is a formal written notice sent to an individual or entity outlining a legal claim and demanding a specific action, such as payment of a debt or performance of an obligation. It serves as a first step to resolving disputes without resorting to litigation proceedings in court.

When should I use a Demand Letter in Indonesia?

A demand letter is typically used in situations where you have a legal claim against another party, such as unpaid debts, breach of contract, or property disputes. It’s an effective way to seek a resolution before considering legal action in court.

Is a Demand Letter legally required before filing a lawsuit before the Indonesian Court?

Yes, it is legally required according to Indonesian Supreme Court orders.

How long should I give the other party to respond to a Demand Letter?

Typically, a demand letter gives the other party 14 to 30 days to respond, depending on the nature of the claim and the urgency of the situation.

What happens if the other party ignores the Demand Letter?

As your lawyer, we will follow up, conducting communication and negotiation with the other party, before escalating the matter by pursuing legal action in court. The demand letter serves as evidence and legal ground before filing a lawsuit.

Can a Demand Letter be used for Debt Collection in Indonesia?

Yes, a demand letter is commonly used in debt collection to formally request payment of outstanding debts. It can help prompt the debtor to pay or negotiate a settlement before considering more serious legal actions.

Can a Demand Letter be used in International Disputes involving Indonesian law?

Yes. It sets out your claim under Indonesian law and seeks resolution before potentially involving foreign legal systems or arbitration.

What should I do if I receive a Demand Letter?

Read it carefully and understand the claims being made. Assess the validity of the claims and gather relevant documents. Consult with our lawyers to evaluate your legal options. Respond within the timeframe specified, either agreeing to the demands, negotiating, or denying the claims.

Can a Demand Letter be sent via email in Indonesia?

While traditional methods like registered mail are preferred for their formality and proof of delivery, a demand letter can also be sent via email, especially for preliminary negotiations. However, ensure you keep records of correspondence and delivery confirmation.

Can a Demand Letter include a demand for legal fees?

Yes, it can be included for reimbursement of legal fees incurred due to the dispute.

What are the next steps if a Demand Letter is failed?

If a demand letter is ignored or failed, the next steps may include initiating formal legal proceedings, such as filing a lawsuit or seeking arbitration. Consult with our lawyers to determine the best course of action based on the specifics of your case.

Working without a proper Work Permit KITAS (Index E23) is a serious violation of Indonesian immigration laws. It can lead to fines, deportation, and possible blacklisting, preventing future entry into Indonesia. Always ensure you have the correct permit before engaging in any employment.

Yes, you can bring immediate family members (spouse and children) under a Dependent KITAS. Your dependents will be issued a KITAS based on your work permit, allowing them to stay in Indonesia legally, though they cannot work.

These agreements provide certainty and predictability in asset division, protect family wealth, and reduce conflicts in the event of divorce or separation. They allow couples to plan for the future and safeguard their financial interests.

Estate planning in Indonesia involves drafting a will (wasiat) to specify asset distribution and minimize tax implications. Consulting with our legal expert can help you ensure your wishes are legally documented and executed.

No, these KITAS types are for business or employment purposes only. If you plan to study in Indonesia, you would need to apply for a Student KITAS, which is specifically designed for education.

The Investor KITAS allows foreign nationals who hold significant shares in an Indonesian company to live and manage their investment in Indonesia. Unlike the Work Permit KITAS, the Investor KITAS does not require a separate work permit (IMTA) as it focuses on investment management rather than employment.

Postnuptial Agreement, known as “Perjanjian Setelah Nikah” in Indonesian, is similar to a Prenuptial Agreement but is entered into after marriage.

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