Category: Litigation
Abortion in Thailand: A New Law Coming into Effect
The Law at Present Article 301 of the current Criminal Code outlaws all abortions except when the pregnancy endangers the woman’s physical or mental health, she is less than 15 years old or a victim of rape, or when the unborn child is proven to possess serious deformities or disabilities. It imposes maximum imprisonment of […]
Mergers and Acquisitions: Corporate Income Tax Implications
Under the Revenue Code of Thailand, what are the corporate income tax and other tax implications arising after a merger and acquisition? The basic principle under Thai law is that after a merger, the amalgamated company inherits the rights and liabilities of the former companies.1 This principle is particularly relevant in terms of tax liability. […]
Liability of Limited Partner in Thailand
A defining characteristic of the Limited Partnership under the Civil and Commercial Code of Thailand is that it distinguishes between limited partners and managing partners. This is a different situation than with an ordinary partnership where all the partners have joint and unlimited liability. In a limited partnership, the managing partner or partners assume joint […]
Company Registration: Shareholder Meetings
Shareholder meetings form an important element of Thai company law, as Section 1144 of the Civil and Commercial Code states that “Every limited company shall be managed by a director or directors under the control of the general meeting of shareholders and according to the regulations of the company.” Therefore, shareholders play an important, albeit […]
Mergers and Acquisitions: VAT Implications under the Revenue Code
Under the Revenue Code of Thailand, what are the specific value-added tax (VAT) implications that arise after a merger and acquisition? The general principle of law as stated in Sections 152 and 153 of the Public Limited Companies Act of B.E. 2535 (1992) is that a merger of companies causes the former companies to cease […]
Legalization of Cannabis for Medical Use in Thailand
Regardless of the purpose, making cannabis available for the general public remains a highly controversial and debatable issue. Laws around the world either ban or restrict its cultivation, distribution, sale or use primarily because of its established adverse psychological effects. Until recent years, advocates for the narcotic are slowly gaining ground across several countries. Thailand […]
Testate Succession Under Thai Law
Succession is a mode of acquisition by virtue of which the properties, including their rights and obligations, of a person (the Testator) are transmitted upon death to his or her heirs, devisees and legatees. In Thailand, succession may either be testate or intestate. Testate succession occurs when a person dies with a Thai Will naming […]
Withholding Tax for Sale of Property with Co-Owners
According to Thai Revenue Department regulations1, when the immovable property, such as land, with co-owners is sold, then payment of withholding tax when the transaction is registered at the Land Office shall apply as if the co-owners are engaged in an ordinary partnership according to Section 1012 of the Civil and Commercial Code2; in other […]
Operating as a Foreign Business in Thailand: Pros and Cons
When doing business in Thailand, one has the option of operating in a joint-venture with majority Thai ownership or as majority or solely foreign-owned firm. Although Thai law is restrictive of how foreigners are able to operate the business, it nevertheless does allow majority foreign ownership of the business and foreign entrepreneurs to engage in […]
Drafting an Employment Contract in Thailand
When drafting an employment contract, it is imperative to retain the services of a trained legal professional, rather than resorting to a template, such as the one found online. An important consideration is that employment contracts are ultimately abstract legal rules and the application of those rules in real-life situations may lead to certain results […]
