Strategies in Thailand to Protect and Recover Trademarks

Trademark registration is a fundamental element of investment strategy. Cost incurred in registering a trademark is considerably lower than cost associated with challenges to bad faith registrations by business partners, distributors or others, and the examination process in a trademark …

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Services Between Related Entities No Longer Restricted Under The FBA

Foreign entities that fall within the definition of “alien” under Thailand’s Foreign Business Act (FBA) are advised that the provision of services are generally restricted (although there has been a gradual relaxing of this restriction).  Such entities nevertheless run afoul …

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The International Business Center (IBC) – Making Thailand a Base for Regional Operations in Southeast Asia

The Thai government has offered tax, customs and employment incentives under various schemes for Regional Operating Headquarters (ROHs), International Headquarters (IHQs), Treasury Centers (TCs) and International Trading Centers (ITCs) to attract multinationals looking to set up a regional base of …

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Removing Some Service Activities from the FBA?

Foreign owned businesses in Thailand are restricted from engaging in various business activities by Thailand’s Foreign Business Act (“FBA”).  This restriction applies to about 50 types of businesses, including “service businesses”.  The term “service businesses” is interpreted broadly to include …

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DBD Lowers its Fees for Registering a Private Limited Company

Registering a private limited company in Thailand is multi-step process, with registration fees payable to the Department of Business Development (DBD) at the time of filing the Memorandum of Association (MOA) and when finalizing the registration.  These fees were based …

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DBD Proposes Amendments To Thailand’s Foreign Business Act – Déjà Vu For The Foreign Business Community

As reported in the Bangkok Post, Thailand’s Department of Business Development (DBD) is proposing to amend Thailand’s Foreign Business Act (FBA), purportedly to bring  it in line with changing economic conditions and to strike a balance between protecting Thai investors …

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More Openings to Foreign Competition in Thailand’s Service Sector

Thailand’s Foreign Business Act (FBA) lists 21 categories of businesses in Annex 3 of the FBA where foreign majority ownership of such businesses is restricted because the government contends Thais are “not yet ready to compete with foreigners”.  This  list includes “other service …

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Electronic Media And Corporate Governance – Thailand’s First Small Steps

One of the difficulties facing foreign investors in Thailand has been the requirement that shareholders (or their proxies) and directors be physically present at meetings for purposes of passing resolutions.  Circular resolutions, whereby the directors or shareholders pass a resolution …

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The Investment Promotion Act (No. 4) B.E. 2560

Originally, the Investment Promotion Act B.E. 2520 (A.D. 1977) (“the Investment Promotion Act”) was enacted because the economic situation in Thailand was affected by a world economic crisis. Under the Investment Promotion Act, a board of investment (the “BOI”) was …

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What is the BOI?

Thailand’s Board of Investment (BOI) is a Thai government agency established to promote investment in a wide range of targeted business activities in Thailand. It provides investment information and services for investors, and grants various incentives and promotions for company projects …

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Securities Business Now Open To Foreign Participation

Thailand’sForeign Business Act (FBA) generally restricts foreign owned businesses from engaging in any “service business” without first obtaining a foreign business license or qualifying under another exemption (more information on the restrictions on foreign owned businesses under the FBA can be …

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Treatment of Unrestricted Activities under the Foreign Business Act

Foreign investors in Thailand normally become familiar with the restrictions imposed by the three annexes under Thailand's Foreign Business Act B.E. 2542 (FBA) early in their planning process. The annexes list approximately 50 types of businesses (or "restricted activities") where …

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Amity Treaty between Thailand and the U.S.

Thailand’s Foreign Business Act [FBA]…provides that “alien companies”…are not allowed to engage in a wide range of business activities…There is a significant exception however to the restrictions imposed by the FBA under the [Amity Treaty between Thailand and the U.S.] …

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New BOI Incentives Following the Floods

On 25 October 2011, the Thai cabinet approved the following BOI tax incentives in an attempt to restore the confidence of foreigner investors after the flooding crisis.   1. General Measures for Business Operators Affected by the Flood The following …

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New Bank of Thailand Reporting Requirements

The Bank of Thailand (BOT) announced that as of 26 March 2011 all businesses in Thailand with import or export operations, overseas investments or liabilities, or investments from overseas investors at or above a specified threshold are required to submit …

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Investment Restrictions Generally

Although foreign investments are encouraged by the Thai government, foreign equity restrictions and Thai participation requirements exist for many businesses. Foreign investment is controlled by a range of legislation, cabinet policies, trade association regulations, laws and other controls. Criminal penalties …

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