Author: admin

Our Attorney Successfully Filing First Ever Security Assignment

Mr. SUN Samnang (Samnang), Partner and Founder of Sotheaphal, Samnang, Sophy & Partners, has assisted a major client to file a first-ever hypothec assignment (or at least one of the few first hypothec assignments) with the cadastral office to transfer security over an immovable property from one security agent to another.

Prakas No. 30 on Procedure for Registration of Real Rights Pertaining to the Civil Code has been issued jointly by the Ministry of Land Management, Urban Planning and Construction and the Ministry of Justice, on 29 January 2013, and came into effect six months later, thus on 30 July 2013.

This inter-ministerial Prakas aims to ensure effective registrations of immovable property, including land, in accordance with the Civil Code, which was promulgated on 08 December 2007 but was not implemented until 21 December 2011. The edict regulates application procedures for registration of real rights over immovable property, including procedures for assignment of a hypothec (formerly known as mortgage).

Like many other laws in Cambodia, implementation takes time. Although there was a grace period of six months from the date of its issuance and long after its effective date, the implementation of the above Prakas remained much more difficult than expected, most likely due to scarce internal guidance within the cadastral administration for officials.

Thanks to the fine patronage from Samnang, however, the cadastral office has now accepted to register the first ever assignment of hypothec from a resigning security agent to a new security holder.

[Sun Samnang’s bio to be inserted]

Our Attorney Attending Regional Bar Association Conference in Hong Kong

We are pleased to announce that Mr. PHO Sotheaphal (Phal), Partner and Founder of Sotheaphal, Samnang, Sophy & Partners, has been selected by the Inter-Pacific Bar Association (IPBA) as one of the ten scholars from among a large number of qualified candidates within the Asia-Pacific region for a scholarship to attend the IPBA annual conference in Hong Kong from May 6-9, 2015.

Phal expects to meet hundreds of the top lawyers in the Asia-Pacific region and beyond and to exchange legal knowledge and experience with IPBA colleagues.

PHO Sotheaphal (Phal) is a Partner and a Founder of SP & Partners. He has been admitted to Cambodia’s Bar Association in 2012, but his legal career dates back to year 2000 starting from being a legal assistant to a parliamentary legal researcher and key person for legal and international affairs and to a senior legal advisor at an international investment and legal advisory firm prior to becoming a partner in a former firm and then joining Sotheaphal, Samnang, Sophy & Partners in March 2015.

Phal has also been appointed as (Civil Law) Notary Public and Partner of Nitei Niron Notary Public, with the following roles in particular: composing/authenticating contracts, agreements, and legal instruments; providing professional legal advice; making certified copies of documents; and composing/authenticating wills/testaments and other authentic deeds.

Firmly adhering to international standards and possessing strong local insight and experience, Phal has been advising investors and other clients for more than seven years actively. His focused practice covers banking and finance, merger and acquisition, real estate, telecommunications, intellectual property, and labour.

Phal holds a Master’s Degree (LL.M) from the National University of Singapore (2004) and a Bachelor of Laws from local Norton University of Cambodia (2000).

He has written textbooks on property and labour laws and has commenced writing a glossary of legal terms in Khmer and English.