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A fast-growing economy and a fast-changing business environment.
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Work Permit and Visa Rules in Thailand
Any foreigner working in Thailand must have a work permit before commencing work, and the definition of work is extremely broad. Work is defined as "engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits." Many foreigners find this broad definition of work counterintuitive because it can encompass such short-term activities as participating in a single business meeting.
Category: Visas & Work Permits
Read moreWhat is the NBTC?
The Senate’s appointment of 11 members to the National Broadcasting and Telecommunications Commission (NBTC) in September of 2011 and the investigation into the appointment process by the Department of Special Investigations have attracted considerable media attention recently, but what is the NBTC and what are its powers and duties?
Category: Telecommunications
Read moreThe Dodd-Frank Act: Whistle-blower Rewards in FCPA Cases
…but it [the Frank-Dodd Act] also permits whistle-blowers in Foreign Corrupt Practices Act ("FCPA") and securities fraud cases to claim a 10% to 30% reward in enforcement actions where the penalties recovered exceed U.S.$1 million. Because penalties in several recent FCPA cases have been in the hundreds of millions of dollars, these provisions of the Dodd-Frank Act could have an important effect on FCPA enforcement.
Category: Anti-Corruption Laws
Read moreThai Business Structures
A private limited liability company is commonly used when a more permanent presence is needed in Thailand. Up until 1 July 2008, a private limited liability company was required to have at least seven shareholders. Starting 1 July 2008, a private limited company only requires three shareholders. A private limited liability company is managed by a board of directors responsible to the company's shareholders…
Category: Corporate/M&A
Read moreIntellectual Property Rights
Thailand recognises intellectual property rights and, in general, intellectual property protection legislation is consistent with international practice . . . Thailand is a signatory to several international agreements and conventions pertaining to intellectual property rights. Despite this legislative framework for the protection of intellectually property rights, many intellectual property right holders complain about the effectiveness of enforcement practices in Thailand.
Category: Intellectual Property
Read moreInvestment Restrictions Generally
The most important law governing foreign investment is the Foreign Business Act (FBA). The FBA restricts "aliens" [foreigners, defined in terms of share capital] from engaging in an exceptionally broad range of business activities…The FBA imposes substantial penalties on both aliens and Thais who acts as "nominees" of an alien for purposes of violating the FBA, but provides no guidance on what constitutes an illegal nominee for purposes of the FBA.
Category: Investment Related Laws
Read moreThailand’s Product Liability Law and Consumer Case Procedures Act
The Product Liability Act provides that the plaintiff only carries the burden of proving that the damage was caused by a product in “ordinary use or storage”, and explicitly states that the plaintiff does not have to prove that the damage is due to an act of the business operator. There is no requirement that the plaintiff prove that the product forming the subject of the claim is an “unsafe product”.
Category: Consumer Protection and Regulatory Compliance
Read moreIntroduction to Relevant Laws
The laws and regulations in this area are complicated and sometimes overlap. Further, consistent with the growth of the Thai economy and the emergence of a larger middle class, Thai law, custom and practice is changing rapidly in this area, particularly in the area of zoning and new requirements for environmental impact assessment reports.
Category: Environmental and Construction
Read moreHotels & Hospitality Sector in Thailand
…various enterprises locally and from all over the world have already set up and operating in Thailand and additionally are in various stages of planning future new hotels, resorts, serviced apartments, timeshare structures, fractional ownership arrangements, condotels, destination or vacation clubs…In structuring any types of hospitality products, a wide variety of legal issues and processes arise and need to be addressed and implemented.
Category: Hotels & Hospitality
Read moreReal Estate in Thailand
As a general rule (there are exceptions) foreigners cannot directly own land in Thailand. Indeed, criminal penalties (fines and imprisonment) potentially apply if a foreigner illegally owns property in Thailand . . . Faced with restrictions on land ownership, nominee arrangements are often proposed using Thai private limited companies or other structures. Such arrangements pose substantial risks . . .
Category: Property
Read moreIncome Tax Reduced for Juristic Entities
On 21 December 2011, the Thai Government announced in Royal Decree (No. 530) B.E. 2554 the following reductions to juristic income taxes:
Category: Taxation
Read moreLitigation & Arbitration in Thailand
Thai Courts will not enforce foreign judgments or forum selection (choice of court) clauses. This can lead to some interesting and counterintuitive results when trying to negotiate the resolution of a dispute over a contract that has a forum selection clause that purports to provide a court outside of Thailand with jurisdiction over that dispute.
Category: Dispute Resolution
Read moreMortgages and Other Forms of Security Under Thai Law
Security is collateral that is provided to guarantee fulfillment of an obligation. The obligation is often a debt, but this is not always the case. The term "mortgage" is often used interchangeably with the term "security". From the perspective of a creditor, the primary value of security is that a secured creditor should, in theory, be able to force a sale of the collateral and use the proceeds to pay the secured debts ahead of other creditors (although in many jurisdictions bankruptcy and reorganization proceedings often place limitations upon such rights). Security can take many forms; in some jurisdictions security interests are not only available against real estate, but also against inventory, accounts receivable, equipment and even intangible property such as intellectual property rights. The types of property that can be mortgaged in Thailand in comparison to other jurisdictions, however, are quite limited. In this article, we discuss some forms of securi...
Category: Banking & Finance
Read moreWorkplace Relations in Thailand
The workplace relations climate in Thailand is generally very stable and hence favourable for foreign investors. Large-scale, acrimonious labour disputes are relatively uncommon in Thailand. Labour relations are, however, much more highly regulated than they are in countries such as the US. For example, Thailand does not have “at will” employment.
Category: Employment & Labour
Read moreOverview of Thai Bankruptcy Reorganization Law
Bankruptcy laws often require courts and parties to make hard choices. In a bankruptcy there is simply not enough money to satisfy everyone, and difficult decisions must be made about who gets what. In a bankruptcy, property is seized, reputations are ruined, contracts are dismembered and jobs are lost. Thai law only provided for the liquidation of bankrupt parties up until the late 1990s and this procedure was used very infrequently. Following the 1997 financial crisis in Southeast Asia,...
Category: Insolvency & Restructuring
Read moreSecurities 101
Thailand’s Securities and Exchange Act B.E. 2535 is the main source of securities legislation, and the Securities and Exchange Commission of Thailand (SEC) performs the functions of the capital market supervisory agency with the status of an independent state agency. Most large public companies in Thailand list their shares on the Securities Exchange of Thailand (SET), the country’s main securities exchange. Currently over 500 listed companies with a total market capitalization in excess of US$250 billion are traded on the SET.
Category: Securities
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New Article on Employee Privacy Rights
Please see our new article on employee privacy rights in the context of social media here.
Read moreGovernment Requests Four Month Price Freeze
Thai consumers have complained about recent increases in their cost of living. As reported in the Bangkok Post, a poll conducted in the northeast revealed that 59% of respondents felt that the government has not done enough to control cost increases. Boonsong Teriyapirom, the Commerce Minister, stated on Friday that producers have been requested to freeze prices for four months to help keep down the cost of living. Saha Pathanapibul Plc and Charoen Pokphand Foods Plc, Tha...
Read moreExpansive Definition of a "Foreign Official" Challenged in High Profile FCPA Case
A violation of the Foreign Corrupt Practices Act (FCPA) requires a bribe or attempt to bribe a foreign official. Is an employee of a state owned enterprise a "foreign official" when the government owns the enterprise's shares and appoints its directors and officers? The recipient of the longest sentence in an FCPA case - 15 years - is challenging the U.S. government's expansive definition of foreign officials in an appeal to the 11th circuit in the U.S. The...
Read moreBOI - "Growth in Investment Remains Good"
The Bangkok Post has reported that the Board of Investment (BOI) has already received nearly half of its goal of 600 billion Thai baht in applications for incentives as of the end of April. Dr. Atchaka Sibunruang, the BOI secretary-general, stated that "growth in investment remains good, as evidenced by the four-month figures. We're almost halfway to our full-year target." A BOI subcommittee has also agreed to extent the period during which promoted i...
Read morePrice Sanond, Bangkok
