Category: Company Law
Sale and Purchase Agreements
If you are considering purchasing property in Thailand, you will want to be familiar with sale and purchase agreements. While you should always consult a reputable attorney and conduct due diligence before signing any agreement obligating you to purchase a property, you can learn from a careful review of any contract or agreement offered. In […]
Foreign Ownership of Industrial Land in Thailand
Although the Thai Land Code generally prohibits foreigners from owning land, one notable exception applies to land located within an industrial estate under the Industrial Estate Authority of Thailand Act of B.E. 2522 (1979), as amended. Under Section 44 of the aforementioned Act, foreign entrepreneurs are allowed to own industrial estate land to conduct business, […]
Hire of Immovable Property for Commerce and Industry
Foreign investors seeking to lease land in Thailand for business purposes may find themselves limited by the 30 year lease limit posed by the Civil and Commercial Code. Indeed, the 30 year limit is rather short in comparison to lease limits in other jurisdictions; such as Vietnam, which allows residential lease terms from 50 to […]
Foreign Business Licenses
According to Section 17 of the Foreign Business Act, B.E. 2542 (1999), foreigners may apply for a license to operate businesses that would normally be prohibited to them under Lists 2 and 3 of the Act. Between March 3, 2000 to February 29, 2012, a total of 2,928 licenses were issued to foreigners (1,091 licenses […]
Registering a Trademark in Thailand, Part 2
The previous article discussed Section 6 of the Trademark Act of of B.E. 2534 (1991), as amended until B.E. 2543 (2000), which listed the criteria for determining whether a trademark was registrable. In short, Thai law allows for a trademark to be registered if it is distinctive, not prohibited by law, and not the same […]
Registering Trademarks in Thailand
The trademark is an important legal concept in the world of business and commerce. Trademarks allow companies to distinguish their goods and services from competitors and thereby enhance the goodwill of the public towards their particular brand. Accordingly, trademark law seeks to protect both consumers, by allowing them to identify the origin of products sold […]
The Foreign Corrupt Practices Act in the Thailand Context
Americans doing business in Thailand must remember that they are not only subjected to Thai law but that in certain situations, U.S. laws still apply as well. For example, U.S. employment laws, environmental laws, antitrust laws, and tax laws all potentially apply to American companies doing business abroad. However, one of the most important laws […]
ASEAN Economic Community: An Update on the Current Challenges Facing the Economic Integration
The ASEAN Economic Community (AEC) has been the buzzword in the political and business arena for some time. With 2015 fast approaching, governments in all the ASEAN countries are rapidly assessing their progress in line with the AEC 2015 blueprint. Thailand is, by no means, any different. Regarded in the region as the center, in […]
Foundation in Thailand Overview
In Thailand, registration of a foundation is mainly governed by “The Civil and Commercial code, B.E. 2535 (1992)” and “The Ministerial Regulations of Regulations, Operation and Registration of the Foundation B.E. 2545 (2002)”. Article 110 of TCCC specifies a foundation as “A foundation consists of property specially appropriated to a public charity, religious affairs, art, […]
Overview of “Games” Software Activity Under Thailand BOI
The Board of Investment (BOI) Thailand is promoting some business activities in order to earnestly awake Thai economy. The BOI promoted activities are categorized in seven main sections. If you look into the list of activities eligible for BOI promotion, “Software” is one of the most popular activities which is sub-categorized under Section 5: Electronic […]
