Salma F Angkaya Kuhutan Law Office

SAKLAW is a rising boutique law firm in FinTech law and all aspects of regulatory compliance for IT companies, including data privacy and AML/CFT compliance. The founding attorney is a member of the National Association of Data Privacy Officers of the Philippines and has completed certifications on FinTech Law and Policy, Data Privacy, AML/CFT, and Blockchain Transformations in Financial Services. The founding attorney is also highly experienced in public-private partnerships, government contracts, and commercial agreements.

SAKLAW has extensive experience in establishing businesses and structuring a foreign investment to comply with nationality restrictions under Philippine constitutional and foreign investment laws.

Work includes setting up new corporations and registration of branches of foreign corporations with the Securities and Exchange Commission (SEC) and with the Philippine Economic Zone Authority (PEZA) or the Board of Investments (BOI), registration of foreign investments with the Bangko Sentral ng Pilipinas (BSP), as well as post-incorporation registrations, such as securing local government permits and licenses and registration of the new companies with the Bureau of Internal Revenue (BIR), Social Security System (SSS) and the Home Development Mutual Fund (HDMF).

For foreign investments, work includes determining the best mode of entry in the Philippines (domestic subsidiary, branch office, representative office, etc.), preparation and filing of Foreign Investments Act (FIA) application, and drafting of commercial agreement.

SAKLAW also offers transaction advisory services and due diligence for mergers and acquisitions (share/asset/land), foreign investments, corporate restructuring, compliance audits, and other special projects.

The founding attorney of SAKLAW has extensive experience in public-private partnership (PPP), privatization and other government contracts, both for the government and private sector side. She was formerly part of a legal team that advised the PPP Center and project sponsors in preparing feasibility studies, project structuring, and documentation for PPP projects. She also reviewed bidding documents and procurement contracts for the Department of Finance (DOF). She has also conducted due diligence and documentation support for an energy company in bidding for a contract with the Power Sector Assets & Liabilities Management Corporation (PSALM).

For the government, SAKLAW offers general transaction advisory support in preparing the legal feasibility study of a PPP project, project structuring including legal advice/due diligence on PPP and procurement matters, drafting of bidding documents and procurement contracts, and other related matters.

For the private sector, SAKLAW provides support in conducting due diligence and/or reviewing the bidding documents and procurement contract, documentation, attendance in bidding conferences, drafting of bidder’s queries, and compliance with the bidding requirements.

SAKLAW also offers a general retainer package for general counsel and regulatory compliance. SAKLAW also has a premium retainer package that includes actual compliance work such as regular filings with the BIR, SSS, and HDMF. This service is particularly helpful for start-up businesses and self-employed individuals, who do not yet have a full-time dedicated staff to undertake this specialized work. For more information, please refer to SAKLAW’s General Counsel Services below.

SAKLAW renders legal advice and documentation on the sale or purchase of real estate. Work includes advice on the tax consequences of the sale; drafting and reviewing contracts to sell, deeds of absolute sale, transfer of rights, broker’s agreements, and other relevant documents; processing of tax payments to the Bureau of Internal Revenue (BIR), local tax clearance with the local government, and registration fees with the Registry of Deeds; securing clearance from the Department of Agrarian Reform (DAR) or applying for conversion of land use; and transfer of title.

SAKLAW also offers due diligence on the risks attendant to the specific real estate transaction. For more information, please see information on transaction advisory and due diligence above.

SAKLAW also provides legal support in the development of condominium and subdivision projects. Work includes drafting and review of relevant agreements such as Joint Development Agreements, Deed Restrictions and Master Deeds, Reservation Agreements, Contracts to Sell and Deeds of Absolute Sale, and compliance with pertinent government regulations for the securing of project development permits.

SAKLAW also provides legal representation in real estate disputes, such as quieting of title, annulment/cancellation of titles, declaration of nullity and/or annulment of deeds of sale, declaration of nullity and/or annulment of real estate mortgage, reconveyance, annotation of adverse claims, cancellation of encumbrances/annotation, recovery of possession, etc.

SAKLAW provides legal counseling on matters relating to labor and employment concerns and represents clients in cases before the National Labor Relations Commission (NLRC). On a highly selective and case-to-case basis, SAKLAW accepts labor cases filed by employees on a contingency basis.

SAKLAW also offers a voluntary self-audit of company policies, job descriptions, employment contracts, and third-party contractors to ensure compliance with labor laws and regulations.

SAKLAW assists clients in patent and trademark search to determine eligibility of inventions, utility models and industrial designs; registration of tradenames, trademarks, and service marks; filing and prosecution of patent, trademark, and copyright applications; preparation and recording of assignments, licensing agreements, franchise agreements, and technology transfer agreements involving patents, trademarks and copyright registrations; handling of opposition and cancellation proceedings before the Intellectual Property of the Philippines (IPOPHIL); prosecution of infringement and unfair competition suits before the regular courts and administrative agencies.

SAKLAW has handled a number of family law cases involving legal separation, annulment of marriage, declaration of nullity of marriage, custody, support, separation of properties, adoption, child abuse, and violence against women and children cases.