C&K Law Offices advised an institution entering into an overseas contract on alternatives to the tax-related supporting documents of its overseas contract counterparty, and prepared a related representation and undertaking.

The key issue was whether a substitute document could be used, and how contractual risks could be managed, where the overseas counterparty had difficulty obtaining tax-related documents from its country of domicile within the required period.

After a comprehensive review of the relevant laws and contracting procedures, C&K Law Offices concluded that the documents in question were more in the nature of confirmation documents required under the contracting procedure than documents mandatorily required by law. It proposed that, subject to certain conditions, a representation and undertaking prepared by the counterparty could be used. On this basis, C&K Law Offices drafted a representation and undertaking that reflects the obligation to submit supporting materials, notification obligations, and contractual measures in the event of false representations, providing a standard form for use in the contracting process.

C&K Law Offices provides legal advice that takes into account both contracting procedures and legal risks by designing and drafting alternative documents for practical use in contracting.