M. Fathan Nautika
Fathan graduated from Faculty of Law, University of Indonesia. In 2012, he joined HHR lawyers as an Associate and promoted as a Partner of HHR Lawyers in 2019.
Fathan has developed an extensive and unique practice in both commercial business as well as commercial disputes. He has involved intensely within HHR Lawyers in relation to (i) Corporate & Investment; (ii) Merger & Acquisition; (iii) Capital Market & Securities; (iv) Banking & Finance; (v) Privatization & Development; and (vi) Commercial Disputes Resolution.
His particular experience in structuring legal frameworks, providing legal opinion and preparing transactions documents for a broad range of transactional and transnational projects/cases within the areas of practice mentioned above has led him to handle various types of international and domestic projects and commercial dispute cases in favor of numerous multinational companies and Indonesian conglomerate group of companies.
In Corporate & Investment works, Fathan has represented numerous multinational and Indonesian group of companies in all corporate & investments works, e.g.:
- Counsel for a global diversified technology and industrial leader in business efficiency, workplace solutions, automotive experience, and power solutions, in relation to the corporate restructuring, manpower issues and development of their related business activity in Indonesia.
- Counsel for a joint venture company engaging in the manufacturing and distribution of electricity meters (which is one of the largest electricity meter supplier to the State Electricity Company), water meter (being one of the largest water meter supplier to the State Drinking Water Company), gas meter and other metering system, in relation to its corporate matters.
- Counsel for one of Malaysian leading food and beverage company, in relation to manpower issues.
- Counsel for an oil and gas supporting service company in relation to the establishment of a joint venture company in Indonesia, general corporate matters and other related operational matters.
- Counsel for one of the largest conglomerate group in Indonesia, in relation to restructuring of its e-commerce company.
- Counsel for a Canada based mining company, in relation to establishment of a Foreign Construction Service Business Entity and establishment of Joint Operation with local company in Indonesia.
In Merger & Acquisition works, he has represented numerous multinational and Indonesian group of companies in merger & acquisition works, e.g.:
- Counsel for one of the largest conglomerate group of companies in Indonesia, in relation to (i) Project Bumblebee I and (ii) Project Bumblebee II, all relates to the acquisition of shares and asset deals of the large plantation areas in West Kalimantan owned by several Indonesian companies, which the total of transaction value is worth for more than 4 trillion Rupiah.
- Counsel for a global diversified technology and industrial leader in business efficiency, in relation to the acquisition of part of the existing shares and restructuring the terms of the existing Joint Venture Agreement.
- Counsel for one of reputable Indonesian bank, in relation to the acquisition financing of a plantation company in East Kalimantan, which transaction value is worth for more than a half trillion Rupiah.
In Capital Market & Securities works, he has acted in representing Indonesian companies in relation to capital market transaction, e.g.:
- Acted as legal counsel for a local automotive services company in connection with its initial public offering of 450,000,000 newly-issued ordinary shares listed in the Indonesian Stock Exchange.
- Acted as legal counsel for a Joint Venture Company, in connection with rights issue transaction in the Indonesian Stock Exchange.
- Acted as legal counsel for Indonesian subsidiary companies in regard to the proposed initial public offering of its parent company in Malaysian Stock Exchange.
- Acted as legal counsel for an Indonesian subsidiary company in regard to initial public offering of its parent company in Hong Kong Stock Exchange.
In Banking & Finance works, Fathan has acted in representing Indonesian company in relation to banking legal issues, e.g.:
- Acted as legal counsel for one of reputable Indonesian bank in its legal commercial issue, such as: (i) disbursement of bank guarantee to its beneficiary which still in complicated situation due to the court proceeding; (ii) status of a bankrupt individual person as a personal guarantor in a loan transaction; and (iii) restructuring of loan facility in the amount of more than 80 billion Rupiah.
- Acted as legal counsel for a multinational financing institution for the purpose of funding joint operations amounting 25 million USD to develop residential and commercial properties in urban area.
- Acted as legal counsel for a Malaysian leading bank in regard to: (i) an Islamic Financing Facility in the maximum aggregate principal amount of 4 million USD for developing property complex in Bali; and (ii) an islamic financing facility under supplier financing in the maximum aggregate amount of 5 million USD for supply of the digital school solutions in Indonesia.
In Privatization & Development works, Fathan has acted in representing multinational company in relation to water infrastructure projects, e.g.:
- Acting for a Philippine based multinational water company, as legal counsel for: (i) its investment in various water infrastructure projects in Indonesia and advising the possibility of water projects through a Business-to-Business and/or Private-Public Partnership scheme; (ii) the proposed of acquisition of shares with the aim to participate in the Bali “Sarbagitaku” Water Project; and (iii) the proposed of acquisition of shares with the aim to establish a water supply project in Kabupaten Semarang and Kota Bandung.
In Commercial Disputes Resolution works, he has represented Indonesian company in relation to:
- Acting as legal counsel of an Indonesian company in defending its rights as a shareholder of one of the largest multi-finance company by taking possible legal actions, including lodging an administrative lawsuit, civil lawsuits and tort lawsuit in Milan, Italy.
- Acted as legal counsel of an Indonesian technology company in relation to illegal action by its former Board of Directors by taking legal process, including special legal audit, and criminal proceeding.
- Acted as legal counsel of an Indonesian forestry company in relation to illegal annexation of a plantation company by providing legal scenario to be taken to remedy any damages and losses including its compensation.
- OneTrust on Cybersecurity Guideline – Indonesia Section (2020)
- Meritas on A Global Roadmap to Personal Data Protection 2019 – Indonesia Section (2019)
- Practical Law on Product Liability Global Guide – Indonesia Chapter (2017)
- A Licensed Advocate and member of The Congress of Indonesian Advocates (KAI).