According to the ASEAN Investment report, foreign direct investments (“FDI“) inflows to developing Asia remained robust at US$662 billion in 2022. This performance stands in contrast to the downturn of FDI flows in developed nations, which suffered from volatility in principal conduit economies and a decline in merger and acquisition (“M&A“) activities. Developing Asia was the largest recipient of FDI in 2022, with ASEAN recording a record high of US$224 billion (5.5% up from 2021) and China recording US$189 billion.
Going into 2023 and 2024, ASEAN remains attractive as a destination for FDI, benefiting from the China + 1 strategy. The region offers various opportunities and challenges for investors considering Private M&A transactions. To assist such investors, this Guide outlines the key legal issues relevant to business acquisitions in the following countries where Rajah & Tann Asia has physical presence:
- Cambodia;
- China;
- Indonesia;
- Lao PDR;
- Malaysia;
- Myanmar;
- the Philippines;
- Singapore;
- Thailand; and
- Vietnam.
The topics covered in each country chapter of the Guide include:
- key legal considerations for market entry;
- regulatory approvals required in private M&A deals;
- rights and liabilities that are automatically transferred in share acquisitions vs. a business and assets acquisitions;
- tax and employment concerns in private M&A deals; and
- common dispute resolution mechanisms in private M&A transactions.
For more information, click here to read the full Guide.
Disclaimer
Rajah & Tann Asia is a network of member firms with local legal practices in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Our Asian network also includes our regional office in China as well as regional desks focused on Brunei, Japan and South Asia. Member firms are independently constituted and regulated in accordance with relevant local requirements.
The contents of this publication are owned by Rajah & Tann Asia together with each of its member firms and are subject to all relevant protection (including but not limited to copyright protection) under the laws of each of the countries where the member firm operates and, through international treaties, other countries. No part of this publication may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Asia or its respective member firms.
Please note also that whilst the information in this publication is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information in this publication does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information in this publication.
