We are a Hong Kong based law firm with specialist expertise in Hong Kong Real Estate Law. Our growing office consists of a highly qualified team of property solicitors, specializing in transactions from a wide range of property types, including; residential buildings and apartments, commercial/office space, retail, industrial areas, agricultural land, development land, infrastructure, joint venture, mixed use and many more.
Please feel free to take a closer look at our different areas of expertise below:
Acquisitions and Disposals
Simon Reid-Kay & Associates has years of experience in the sale and acquisition of all types of properties, from REIT portfolios to car parking spaces, no property is too big or too small for our team.
We can assist clients:
- to identify the best investment or disposal strategy;
- by designing, undertaking and managing due diligence from both a seller’s and a buyer’s perspective;
- by drafting documentation and negotiating the safest and most commercial deal in the circumstances;
- by ensuring closing runs smoothly;
- with post acquisition matters.
In order to help clients maximize the value of their invested property and the returns on that property, we emphasise to clients the importance of maintaining standards. Many of the decisions made in real estate asset management, such as negotiations, approvals and lease analysis, require risks be assumed and forecasts made.
We have extensive experience in acting for both landlords and tenants on all asset management issues from leasing to strategic advice. This means reducing expenditures when possible, finding the most consistent and highest sources of revenue, and mitigating liability and risk, among other things.
Our team understand that a client considering using a contractor, engineer or construction company to do any significant work for them, should fully understand their rights and obligations before they sign a construction agreement. Whether a client wants to adding an extension to their home or build a public use road bridge, we are prepared to govern any significant work done throughout the process.
We work closely with other consultants such as engineers and construction companies to:
- identify construction issues and solutions.
- review licensing,
- ensure that the transaction documentation properly dealt with the construction issues.
It is important when buying, selling or financing any property to identify and deal with any risks. Our team understands that the size of each piece of real estate varies, however the fundamental concepts of due diligence are relatively similar from case to case. Whether it be a lease of a small one-bedroom apartment or the purchase of a strip mall, our clients must conduct some level of due diligence toward investigating the quality, both physical and intangible, of the real estate they are being conveyed.
From the preliminary stages of due diligence, to the reviewing of seller documents, and conducting independent investigations, our team can design, undertake, report and review due diligence for all types of transactions.
Property classes include:
- bond issues,
- Mergers and Acquisitions
- Mortgage backed finance
Our team can advise property owners on the day-to-day aspects of managing their assets. We can assist in drafting, reviewing and negotiating service level agreements.
We have experience working with many different facilities, including supermarkets, auto shops, sports complexes, jails, office buildings, hospitals, hotels, retail establishments, and all other revenue-generating or government institutions.
We have extensive experience in providing advice to the Government and various statutory bodies in relation to:
- land administration;
- urban and rural land related projects.
We have considerable experience in negotiating and dealing with the Government in relation to all types of property transactions. We have an excellent understanding of the Government’s attitude in relation to many issues affecting property transactions and the Governments appetite for risk.
We regularly provide the legal services required for the property related aspects of IPOs. This requires us to work together with a team of other professional advisers to deliver a product in a timely and efficient manner. Our role in IPOs is to:
- advise on and complete pre-IPO restructuring of property assets;
- ensure that the property documentation complies with the regulatory and deal specific requirements
We have acted on many Joint Venture projects and developments. We understand the importance of getting the balance right between the Joint Venture partners.
We have acted for private and institutional clients in relation to Government land exchanges. As a result we can identify many of the issues clients are likely to encounter during the process and advise on risk and the Government’s likely attitude to changes.
Leases are amongst the longest living documents that any organisation will enter into. At Simon Reid-Kay & Associates we balance the competing needs of timely execution with the importance to meet client’s needs. We have extensive experience in acting for landlords and tenants of all types of property and in all types of lease-related transactions such as:
- rent reviews
- sale and leasebacks
- disputes resolution
- assignment and novation
Mergers and Acquisitions
We regularly provide the legal services required for the property related aspects of M&As. This requires us to work together with a team of other professional advisers to complete deals in a timely and efficient manner. Our role in these projects is to:
- undertake due diligence;
- ensure that the property documentation complies with the regulatory and deal specific requirements;
- ensure that after completion the property interests have been properly dealt with.
We have extensive experience in acting for both lenders and borrowers in mortgage transactions of residential and commercial properties.
We regularly prepare mortgage documentation and are familiar with the administrative and legislative requirements.
Planning and Environment
Whether it is an issue in the acquisition of a property to understanding the impact of contamination on the use of a property we understand the impact that planning and environmental issues can have on a proposed transaction. We are used to dealing with planning and environmental legislation and understand their language.
The most efficient way to manage a portfolio is to have systems in place which ensure the portfolio runs like a well-oiled machine. This includes lease documentation that reflects the owner’s requirements for maximizing returns and minimizing risk.
We act for many landlords and understand the key drivers of timeliness and uniformity in documentation.
We assist landlords by drafting proforma lease documentation for use across a portfolio and acting in relation to the day to day leasing requirements for a property portfolio.
Property and Leasing Dispute
From time to time disputes will arise in relation to property and leasing transactions. We can provide:
- strategic advice on how best to approach a dispute;
- legal assessment of the likely outcome;
- access to experts who will be able to assist in achieving the desired outcome.
Real Estate Structuring and Organisation
Real estate is central to Hong Kong’s economy. We understand how real estate is structured and organized in Hong Kong and use this knowledge to achieve results for our clients. This is as simple as reviewing title documents when someone is buying a home to providing complex advice on the different structures that can be used to assist a client in developing a major site.
We regularly provide the legal services required for the property-related aspects of REITs ranging from:
- working together with issuers’ and undertakers’ and their professional advisers to deliver REITs to the market by undertaking the necessary due diligence and ensuring that the property documentation complies with the regulatory and deal-specific requirements;
- acquiring, disposing of or developing assets for inclusion in a REIT including due diligence, drafting and closing;
- portfolio management of properties in a REIT which involves the ongoing leasing of the REIT assets.
In all rent reviews the landlord wishes to maximize the amount of rent received for the premises and the tenant wants to minimize the amount of rent paid for the premises. This balance is achieved against the fluid background of the Hong Kong rental market. As a result, unless a compromise can be reached, a rent review can lead to a drawn out and complicated negotiation which may end in arbitration.
With our extensive experience in the Hong Kong market acting for both landlords and tenants we are well placed to advise on all aspects and arguments encountered in rent reviews. This requires an in-depth understanding of:
- exactly what a rent review clause means;
- the different strategies that can be used in negotiating a rent review;
- who the best experts are that can engaged to assist in achieving the new rent required.
In the event of an agreement not being reached we can provide legal representation in arbitration/expert determination proceedings.
We have a wealth of professional advisers from counsel to surveyors who can form part of a team to achieve the desired outcome.
We have a thorough understanding of the strata titles system in Hong Kong we can assist by providing advice on:
- the establishment of strata title systems
- the development of strata title properties
- the sale and acquisition of strata titled properties
- the management requirements for strata titles
We have a full understanding of the tender process having participated in many tender processes on behalf of many clients.
We can assist by:
- providing strategic advice on the tender process.
- drafting tenders.