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Heng Chhay

Managing Partner, R&T Sok & Heng Law Office

Practice Area:

Business Law
Intellectual Property
Restructuring & Insolvency

LLM, Nagoya University Graduate School of Law, Japan
LLB, Royal University of Law and Economics, Cambodia

T +855 23 963 112 /113
E heng.chhay@rajahtann.com

HENG Chhay has more than 10 years of legal practice experience, having started his professional practice advising multinational and local companies in Cambodia and abroad. He attended a prestigious law school in Cambodia and holds a master’s degree of law from Nagoya University Graduate School of Law, Japan. He worked in the legal department of Toyota Industries Corporation (TICO) in Japan.

Chhay is licensed to practice law in Cambodia. He is also licensed by Ministry of Justice to act as an administrator in insolvency cases and licensed by the Intellectual Property Department of the Ministry of Commerce as an official Trademark Agent. He is a member of the Bar Association of the Kingdom of Cambodia.

His areas of practice include the fields of corporate and commercial law, property and construction law, banking and finance, contract law, and capital markets. Chhay is also ranked as a Band 1 lawyer in Chambers & Partners and IFLR1000. He co-founded the firm in early 2010 and has managed it since.

Experience
  • Advising National Bank of Canada, the sixth largest commercial bank in Canada, in relation to the legal due diligence and multimillion of dollar acquisition in Advance Bank of Asia Limited
  • Jointly assisting and advising Singapore Branch of Mizuho Bank Ltd., a leading financial institution with one of the largest customer bases in Japan, for its financing to a leading cement manufacturer in Cambodia
  • Assisting and advising Hong Leong Bank (Cambodia) Plc, a subsidiary of in the preparation and providing legal advices on regulatory compliance, lending and security documents of particular loan facilities
  • Assisting and advising Siam Commercial Bank, the first bank of Thailand, and its subsidiary in Cambodia, Cambodian Commercial Bank, for its provisions of loan facilities in Cambodia, legal compliance review of various forms/applications and other general advices
  • Assisting Cambodian Commercial Bank Limited,  a Thai owned commercial bank, in providing Cambodian laws compliance review of and translating into Khmer language its standard applications, forms and documents related to foreign exchange forward contract,  new products and day-to-day operation
  • Assisting Hong Leong Bank (Cambodia) Plc., a Malaysian owned commercial bank, in relation to their loan provision as part of its day-to-day operation and other legal compliance and regulatory filing matters
  • Acting for a German financial institution on the due diligence of a leading Micro-Financial Institution for its multi-million dollar financing
  • Acting for a German financial institution in its financing of, and equity participation in, a leading commercial bank in Cambodia
  • Jointly acting with Baker & McKenzie for a Taiwanese bank on the acquisition of 70% of the equity of a local commercial bank
  • Acting on a bankruptcy proceeding for Singapore headquartered garment factories
  • Acting for VP Bank in relation to the due diligence on four Cambodian agricultural companies
  • Acted in the reconciliation of the differences between an MFI and the National Bank of Cambodia
  • Acted in the provisions of loan facilities from oversea banks and financial institutions to local MFIs
  • Acting for Sumifru in relation to the acquisition of Economic Land Concession for banana plantation, corporate structure and other general advices
  • Acting for Tan Brothers in drafting distribution agreements; property acquisitions; and other general advices
  • Acting for EMS Southeast Asia Pte Ltd in relation to the liquidation and the dissolution of its business
  • Acted in tens of millions of dollars property transactions for resort developments, casino entertainments and hotel developments
  • Acted in the establishment of companies with foreign and Cambodian status, investment companies, and related corporate advices
  • Assisted in the acquisition of Shell business and assets by Total in Cambodia
  • Acted in the acquisition of Economic Land Concession for rubber plantations for Felcra Berhad
  • Acted in the acquisition of Economic Land Concession for oil palm plantations for Golden Land Berhad
  • Acted in the acquisition of Economic Land Concession for rubber plantations for Top Glove
  • Acted in the acquisition of island concessions for eco-tourism and Resort Projects
  • Acting for a European investor operating in the electricity sector in connection with its entry into the Cambodian market and advising on a number of potential projects and working with the relevant electricity authorities to provide the client with timely and accurate advice
  • Acting for an Australian mining company in relation to the due diligence of a local mining company for the purpose of acquiring a mining license
  • Acted for RGB International Bhd. in relation to the due diligence on its three Cambodian associate companies
  • Acting for Vattanac Properties Limited in relation to the preparation of leases of offices and retail outlets
  • Acting for Sumitomo in relation to general labor law advices
  • Acting for Marks and Spencer in relation to general labor law advices
  • Acting for RGB International Bhd. in relation to business set up, board restructure, companies dissolutions,licensing compliance, commercial dispute resolutions and other general advices
  • Acting for LimeTree Capital Partners in relation to legal compliance
  • Acted for Nippon Express in relation to business set up, lease agreement drafting, and general labor law advices
  • Acting for Panasonic in relation to the review of the lease contract and the advice in relation to the product warranty statements
  •  Assisting Puleo International in relation to properties acquisitions, business set up, legal compliance, licensing requirement and general contract drafting work
  • Acting for Royal Media Entertainment Corporation in relation to reviewing of the Supply Agreement and other general advice work
  • Jointly acting for Dairy Farm Group in relation to the purchase of Lucky Market Group
  • Acted for DuPont in relation to board restructure and other general advice
  • Acting for Provident Capital in relation to the acquisition of BTS towers from a mobile leader in Cambodia
  • Acting for Tan Chong Motor in relation to reviewing dealership agreement, registration of exclusivity right, and other general advice
  • Acting for two garment companies in relation to their initial public offering in the CSX
  • Providing general legal opinions to Wing (Cambodia) Limited
  • Acted in the joint venture establishment between a Japanese shipping company and a local conglomerate
Memberships / Directorships
  •  Member of the Bar Association of the Kingdom of Cambodia
  •  Licensed administrator in insolvency cases by Ministry of Justice
  •  Official Trademark Agent licensed by the Intellectual Property Department of the Ministry of Commerce
Publications
  • Secured Transaction Law in Cambodia, Cambodia Yearbook of Comparative Legal Studies, 3rd edition (2012), Cambodian Society of Comparative Law
  • Initial Public Offering Mechanism in Cambodia, Cambodia Yearbook of Comparative Legal Studies, 3rd edition (2012), Cambodian Society of Comparative Law