posted 2 hours ago
We at Global Law Experts are pleased to welcome Kerwin Tan as our Exclusive Member for Foreign Investment law in the Philippines. We recognise Kerwin Tan’s role as managing partner of Tan Hassani & Counsels and his established practice advising inbound investors on market entry, corporate structuring, licences, and regulatory clearance in the Philippines. This cross border experience, coupled with sector strengths in aviation, energy, and technology, positions him to provide practical, compliance forward guidance on foreign investment matters. This profile aligns with our aim to deliver informed, market ready counsel to international clients entering the Philippine market.
Kerwin Tan has nearly two decades of experience advising multinational clients, sponsors, and financiers on entry strategies and regulatory compliance in the Philippines. He is admitted to practise in the Philippines and New South Wales, Australia, and leads cross border work at the intersection of corporate, tax, and sector specific regulation. This dual qualification supports structuring advice for investors aiming for majority ownership where permitted or compliant Filipino partner arrangements where constitutional or statutory caps apply. His practice extends beyond general foreign investment matters to aviation law, renewable energy, and outsourcing/offshoring arrangements. He regularly advises on aircraft leasing and financing, project bids, and multi jurisdictional outsourcing structures where data protection, employment, and tax considerations are integral to a compliant market entry plan.
Beyond general foreign investment work, his aviation, renewables, and outsourcing practice areas enable integrated advice that aligns commercial objectives with the Philippines’ evolving regulatory framework. In aviation, he handles aircraft leasing, registration, and financing considerations. In energy, he supports project development, tenders, and regulatory clearances. In outsourcing and technology enabled services, he coordinates data protection, employment, and tax aspects to deliver a compliant market entry plan.
Global Law Experts is proud to feature Kerwin because his practice blends high value transactional experience with practical regulatory fluency. Under his leadership, Tan Hassani & Counsels has handled significant cross border matters, including government tender representations in national infrastructure bids, large renewable energy joint ventures, and complex aircraft financings work that demonstrates technical skill and the ability to navigate high stakes regulatory processes. These matters illustrate the integrated legal service international investors need when entering the Philippines market. We also value his active contributions to international practice guides and sector briefings that translate Philippine regulatory trends into actionable advice for investors and advisers.
Mr. Tan’s regular participation in legal directories and sector briefings reflects a commitment to thought leadership and practical commentary on matters that shape inbound investment. For investors who value both transactional execution and regulatory foresight, this combination is especially valuable and provides a grounded perspective on the Philippines’ investment landscape.
Foreign Investment law in the Philippines is shaped primarily by the Foreign Investment Act, the Foreign Investment Negative List (FINL), and related constitutional and statutory restrictions that define where foreign ownership is allowed or subject to caps. Recent years have seen statutory and policy changes intended to liberalise certain sectors while retaining limits in others such as land, utilities, and reserved professions. These rules make early legal mapping essential for any inbound investor.
In addition to the FINL, the Philippines introduced stronger investment screening mechanisms and amendments addressing strategic industries and national security concerns. The implementation of regulations governing screening and clearance requires investors to integrate these procedures into entry planning, particularly for critical infrastructure and telecommunications. Understanding both the statutory text and administrative practice is central to a smooth market entry. This ensures alignment with evolving regulatory expectations.
Ownership caps and sectoral restrictions remain central challenges: some industries permit 100% foreign ownership, while others require Filipino majority ownership or complex partner arrangements. Investors must evaluate capitalisation, licensing, and anti‑dummy exposure early, as constitutional provisions and sector specific statutes may impose limits that cannot be waived by contract. Specialist counsel helps design structures that remain compliant while safeguarding commercial rights.
Regulatory approvals, government procurement rules, tax and transfer pricing considerations, and data privacy or employment requirements frequently intersect with foreign investment questions. Outsourcing or shared service operations may seem straightforward but can trigger licensing, registration and tax issues that affect project viability. Early legal design covering corporate form, contractual protections, governance, and compliance processes reduces enforcement risk and transactional delay.
Kerwin’s advice typically begins with a compliance centred assessment of ownership limits, licensing obligations and tax implications, followed by bespoke transactional documentation that preserves investor remedies while respecting local statutory and constitutional safeguards. This approach balances commercial objectives with pragmatic regulatory risk management, a style well suited to cross border joint ventures, financed acquisitions and project finance deals.
In aviation and asset finance matters, Kerwin focuses on post closing regulatory procedures that protect lessors and financiers, including registration, security interests, and administrative compliance with the Civil Aviation Authority of the Philippines. For renewable energy and infrastructure projects, his team’s experience with government tender processes and project implementation helps clients anticipate procurement timelines and clearance conditions that materially affect project economics.
Begin with targeted legal due diligence that maps sector specific ownership caps and identifies required licences or foreign investment notifications. Consider corporate structures and capitalisation plans that align with statutory requirements and investor governance needs. Factor in procurement timelines, environmental and social permits, employment and data protection obligations, and tax structuring into the commercial plan. These practical steps reduce surprises and accelerate implementation when approvals are needed.
Engaging local counsel early particularly a practitioner with transactional, regulatory, and sector specific experience helps investors negotiate partner arrangements, draft protective contractual clauses, and navigate administrative pathways efficiently. For transactions involving bespoke regulatory risks (aviation transfers, energy bids, or technology outsourcing), specialist knowledge is often the difference between a smooth closing and prolonged regulatory delay.
Global Law Experts warmly welcomes Kerwin Tan as our Exclusive Member for Foreign Investment law in the Philippines. His blend of cross border transactional skill, regulatory insight, and sector depth strengthens our network and provides international and local clients with an authoritative resource for navigating the Philippines’ investment environment. We look forward to highlighting his work and to connecting businesses and individuals seeking practical, well founded counsel on foreign investment matters.
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