Legal advice, tax structuring, transaction support services, and business matchmaking on Thailand’s renewable energy markets, recycling, and waste-2-energy

PUGNATORIUS Ltd. is the Bangkok-based specialist provider of legal services and tax advice on foreign investments in Thailand’s manufacturing and service industries as well as property acquisitions and developments. With respect to renewable energy, the law firm is one of the experienced and well-reputed legal service providers, especially in the solar energy sector. Its lawyers have been the speaker on various international renewable energy conferences and are frequently quoted in corporate press releases, magazine articles, and Thailand country reports.

Renewable energy: Not being one of the few specialized Thai energy law firms with a long track record of solar energy developments, the firm is a niche practice and “fit for purpose” to vigorously advise foreign investors interested in renewable energy investments in Thailand. The law firm assists in identifying the most promising and profitable opportunities, advises on investment structures and regulatory requirements and discloses hidden risks and unknown hurdles. It provides legal advice on energy laws, advice on tax-efficient structures and BOI investment promotion opportunities, and transaction support services to get the deal done.

Waste-to-energy and recycling: Solar energy, wind energy, biomass, energy trading do not cover the whole market. The law firm expands renewable energy to recycling & recovery ventures, as well as to waste-2-energy plants. Thailand offers attractive investment opportunities in these sectors, requiring the know-how for the corporate and tax structuring, energy development plans, BOI investment opportunities, and other legal tasks, in which the Bangkok counsel has proven expertise.  

Experiences: PUGNATORIUS Ltd. possesses a broad scope of industry experiences and years of unique know-how, acting as a legal advisor or as an arranger in huge scale solar projects. Experiences include (i) advising clients on the acquisition of solar farms, (ii) dealings with floating solar projects on Thailand’s dams, and (iii) the commercial, corporate and tax structuring of solar rooftop projects. As forth business fields, the law firm advises on p2p energy trade opportunities. Also, the Bangkok counselor assists in the dealings of international investors with local agencies, brokers, and governmental officers.

Support and legal assistance to foreign solar companies, investors, and financial institutes

Free industry updates and professional considerations on solar farms, solar rooftop, floating solar, wind farms, biomass, and other segments are available on pugnatorius.com/solar. These posts can provide only a low-resolution snapshot and are neither deemed to be legal advice nor do they result in an attorney-client relationship. 

PUGNATORIUS can guide your solar power project through the red-tape requirements, legal hurdles and industry practice in Thailand. Solar lessons you do not want to learn the hard way. A specific consultancy agreement is available on request.

Professional assignments, based on a paid consultancy agreement, cover mainly these areas:

#1. Advice and guidance on markets, players and regulations: Thailand’s regulatory framework, the factual industry practice, and the practical stance of the regulatory authorities and public agencies are not clearly visible to a foreign newcomer in Thailand’s markets but form a confusing picture. PUGNATORIUS Ltd. frequently prepares for foreign clients detailed explanations of specific Thai issues and presents complex legal and economic interrelationships in an understandable way. Typical topics are legal market entry requirements, foreigner legislation and its implications to venture structuring, details on Thailand’s regulatory framework, specific license and approval requirements, expectations on future developments, etc.

#2. Corporate structures: The law firm assists in the set-up of solid and protected Thai corporate structures and in the tax-efficient organizational integration in a cross-border group of companies.

#3. Investment promotion by the BOI: The law firm advises and assists in applying for investment promotion with Thailand’s Board of Investment and additional BOI-related tasks as explained at “Legal services on BOI investment promotions“.

#4. Acquisition support: Comprehensive legal assistance in the acquisition of existing renewable energy projects or entering into a joint venture with an existing solar, wind or biomass development including a comprehensive property, corporate, and solar energy due diligence examination.

Identification of green-field investment opportunities for foreign investors including the design of the corporate structure, cross-border value chain, and commercial contracts. The law firm assists, above all, in successfully participating in public tenders or B2G transactions outside of a formal bidding process (“off-market”).

#5. Commercial contracts: Preparation and negotiation of private power purchase agreements, maintenance and operation contracts, EPC arrangements and cross-border tax structuring in a multi-legislation environment. Support in the application for electricity production licenses, building permits, factory licenses, etc.

#6. Deal arranging: PUGNATORIUS acts in selected cases as the arranger for international sales, acquisitions and joint ventures in the renewable energy business. This includes providing the firm’s own virtual data room to facilitate smooth and swift transaction support.

#7. Legal opinion: The law firm is available for legal opinions on specific aspects of existing and new renewable energy projects. The legality of existing project structures, up-to-date information about the legal and regulatory framework of Thailand’s energy markets. Independent advice on risks and opportunities.

Each case is different. Telephone inquiries and ad-hoc email requests on Thailand’s legal and regulatory framework without details and documentation are not accepted by the law firm. Individual support and professional advice are available under a paid consultancy agreement only. 

Power purchase agreement, adder, premium feed-in-tariff, solar energy map, zero grid feed, net metering, Energy Regulatory Commission of Thailand, KIC 8462852, lucky draw, solar irradiation, power development plan pdp, egat, mea, pea, vspp, ministry of energy, solar energy map, renewable energy adder program, Electricity Generating Authority of Thailand, Independent Power Producers (IPPs), net metering policies, grid connectivity, open-access model projects, Small Power Producers (SPPs), and Very Small Power Producers (VSPPs), Metropolitan Electricity Authority (MEA – in Bangkok, Nonthaburi, Samut Prakan), Provincial Electricity Authority (PEA – Upcountry), Renewable Energy Adder Program (REAP). EGAT – Power for Thai Happiness. ESB enhanced single buyer model.