Author Archive: Don Sornumpol
Don joined the firm as a Senior Associate and oversees the property and commercial sections of the firm. Don obtained his bachelor degree from the State University of New York at Binghamton and later his Juris Doctor from Pace University School of Law. Upon completion, Don was duly admitted to the New York State Bar as an Attorney-at-Law. Don is also fluent in Thai having come from Thai parentage and have continued to maintain close ties to Thailand throughout his upbringing in the US. This enables him a unique ability and insight into the comparative challenges not only in law but also in terms of culture and language. Don is a regular contributor and author to a number of legal articles regarding property and cross border transactions in several publications including international legal journals and periodicals.
Foreign Ownership of Industrial Land
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 [...]