Category: Administrative Law
Government Fees for Representative Office in Thailand
The Thai government charges a fee for the issuance of a Foreign Business License (a permit required for foreigners to operate restricted businesses in Thailand) which vary depending on the type of business and on how the foreigner operates businesses. The government fee depends on the type of business that the foreigner will be engaging […]
International Trade Without Distribution in Thailand
Aside from being a place to do business, foreign companies are also choosing Thailand as a jurisdiction to locate their businesses perhaps without actually doing business there. The reasons why a foreign company may want to locate themselves in Thailand while engaging in business somewhere else are varied and complex; it may have to to […]
Revised Board of Investment Policy
The Board of Investment (BOI) of Thailand has revised its investment policy in order to account for the changes in both the Thai and global economies. The BOI has announced a goal for its new policy which is based on promoting “investments offering value,” both within Thailand and for Thai investment overseas. The new policy […]
Foreign Business Act: Manufacturing For Hire
Manufacturing is generally not restricted by the Foreign Business Act of 1999 which means that foreigners are allowed to operate such businesses in Thailand without having to apply for a Foreign Business License. However, one unclear point regarding manufacturing is whether manufacturing products according to specific customer orders is restricted to foreigners under the Foreign […]
Direct Selling under the Foreign Business Act
Direct sales or direct marketing generally refers to the the selling or marketing of goods and services by independent sales agent to consumers directly at their home or workplace. In Thailand, the Direct Sales and Marketing Act of B.E. 2545 (2002) defines the terms as follows: “Direct sales” refers to the marketing of goods or […]
Technology Transfer Plan Guidelines for Thai BOI
Foreign investors in Thailand who will be applying for a license in order to engage in a restricted business activity according to the Foreign Business Act of 1999 must prepare a technology transfer plan. Section 5 of the Foreign Business Act requires that technology transfer constitute one factor to be considered in permitting foreigners to […]
Thailand Foreign Business License: Rental Services
“Rental services” refers to procuring immovable property, such as land or office space, or movable property, such as machinery, equipment or motor vehicles for lease to customers. Rental services falls within Category (21) of List Three annexed to the Foreign Business Act of 1999. Therefore, any foreigners that plan to engage in rental services in […]
Registering a Trademark under Thai Law
An important principle of Thai trademark law is that words directly referencing the quality or character of the goods will not be deemed distinct and cannot be registered as a trademark. Section 7(2) of the Trademark Act of B.E. 2534 (1991). However, paragraph three of Section 7 also states that a trademark may also be […]
Foreign Business License: Regional Office
Foreign multinational companies with business operations in the ASEAN region or Asia may consider setting up a regional office in Thailand as a support hub for their corporate network in the region. Nevertheless, the regional office is considered a “service” business within the definition of category (21) of List Three annexed to the Foreign Business […]
Section 10 of the Foreign Business Act
Foreigners who operate a business in Thailand under a treaty to which Thailand is bound, such as Americans who open a company under the Thai-U.S. Treaty of Amity have their rights to operate business confirmed under Section 10 paragraph two of the Foreign Business Act of 1999 which states as follows: “Foreigners operating businesses specified […]
