Asset Protection

Overview

We specialize in different ways of ensuring the welfare of our clients’ interests, namely in the realm of reputation protection, succession, and wealth restructuring among others.

  • Data Protection

    At Silk Legal, we recognize that organizations are becoming increasingly dependent on websites, apps, and other digital means to operate business, and most importantly, to communicate with customers and other members of the public. Therefore, finding solutions to issues related to the collection, retention, processing, and disclosure of personal data is a matter that organizations must begin to prioritize. If such organizations do not adhere to data protection law and have security measures in place, they can be subject to serious consequences under the law.

    Although Thailand has not yet finalized its draft data protection law, it does have specific regulations related to data protection that are applicable to businesses working in different industries where data protection is of particular concern, such as telecommunications and financial services. Telecom companies are strictly regulated as to what types of data are allowed to be collected, which are strictly prohibited, as well as rules regarding necessary security measures that must be in place to protect private data, while financial service companies have requirements to hold data within the Kingdom of Thailand which makes global IT operational issues. Furthermore, the actions of data controllers in general also fall under provisions of civil law that govern unlawful and negligent actions.

    As a firm with a depth of experience in working with tech startups and online-based businesses, Silk Legal is well-prepared to advise data controllers regarding the legal issues related to data collection and processing, data transfer, data security law measures, as well as protocols in case of breach. Silk Legal also has legal expertise regarding issues such as electronic marketing and online privacy. Let Silk Legal evaluate your organization’s data protection protocols to ensure that your online business platforms do not turn into a major liability.

  • Reputation Protection

    Thailand, in contrast to other jurisdictions, imposes serious criminal penalties for intentionally damaging the reputation of others, and not merely civil liability. When damage to reputation is committed through the use of a computer system, which is often the case in the present day, such an act can lead to even further penalties under the law. Unfortunately, in Thailand, defamation lawsuits, despite the serious consequences they carry, may be used as an offensive tool by business competitors almost no differently than how it may be used by private individuals with personal grudges. Therefore, the possibility of slander or libel is a matter that should be carefully reviewed along with all other legal compliance matters that normally concern most business organizations. Silk Legal, with its breadth of knowledge and experience in this field, is particularly able to serve as a trusted legal advisor to media outlets and other publishers, whereby we can assist in screening publications for any possible violations of defamation laws. Furthermore, Silk Legal also advises its clients as to extent of free expression under the law, as well as possible defenses to any defamation lawsuits that may be filed by either the government or business competitors.

    At Silk Legal, we understand the value that organizations and individuals alike place on their reputation protection. Reputation forms an element of a business enterprise’s goodwill, which, although intangible, is nevertheless an asset which is capable of being appraised in terms of monetary value. Silk Legal is well-positioned to offer services to both our organizational clients and individuals whose reputation is a matter of public concern. Our services also include monitoring of media sources to review for possible damage to a client’s reputation, as well as filing legal claims in a court-of-law to seek redress for any such damages.

  • Succession

    The professionals at Silk Legal understand the challenges of advising clients on succession law.  Estate planning law becomes particularly difficult when the laws of different jurisdictions are taken into consideration. Thailand, in particular, poses many obstacles for estate planners; its legal system does not have ready equivalents for certain Western legal concepts such as the trust, and it contains several idiosyncratic regulations that serve to complicate estate planning even further. Matters that may be simple in one jurisdiction, such as transfer of real estate by a last will and testament, can be quite complicated when executed here. Additional difficulties arise from the requirement that last wills and testaments and other fundamental succession law documents, which may have originally been drafted in English, be probated in Thai, which have the potential to cause the intentions of the client to be misinterpreted.

    The team at Silk Legal, which includes lawyers trained in both foreign and Thai law, are not only expert advisers, but are also well-prepared to design the best estate planning vehicles within the framework of the Thai legal system and to ensure harmony with our clients’ estate planning structures set in place in other jurisdictions.

    Additionally, Thailand has recently enacted a new inheritance and gift tax. Silk Legal is ready to advise clients regarding the implications of the new laws and to reevaluate estate planning vehicles on behalf of our clients in order to ensure a tax-optimal solution in obtaining their estate planning goals.

  • Wealth Restructuring

    Silk Legal is highly experienced creating effective asset protection law strategies. Between offshore banking and holding companies in a variety of global jurisdictions, we have the relationships to meet your needs. Silk Legal is also dedicated to the highest level of confidentiality and IT security for our offshore clients.

    With our global partners we consult on a large number of offshore jurisdictions and have years of experience finding the best solution for every unique need, want and situation. We are highly-skilled in the creation of unique investment and holding vehicles for professionals, high-earners, company founders/directors and those with inherited wealth. Let us guide you on: setting up offshore corporations, foundations, trusts, and other systems for privately investing wealth. We have solutions in a variety of jurisdictions of your choosing or all over the world.

    We offer a host of customized, discreet technical offshore banking law services. We can help you to efficiently transfer assets and craft tax-efficient offshore corporate structures, assist in opening bank and brokerage accounts, liability protection and more.