Category: Business in Thailand

American Company Applying for BOI Incentives

Companies incorporated in the U.S. or majority-owned by Americans are often eligible for incentives from Thailand’s Board of Investment (BOI). For example, BOI promoted businesses are automatically granted a business licence. Investment Promotion Criteria Regulations set requirements for each industry and sub-industry eligible for the promotion. The Board considers the business plan, the viability of […]

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Notary Public in Thailand

In many countries, a notary public is an official who is licensed by the government to authenticate signatures or documents, and witness affidavits or statements of persons under oath. In general, a Thailand notary public has no authority to act when not in the jurisdiction of the government where the notary is licensed. Notarization of […]

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How to Start a Business in Thailand

If you want to start a business in Thailand, you can set up your business in a number of ways. If you have an international business, you may wish to set up a Thai branch office, Thai representative office or Thai regional office to take advantage of local business opportunities and possible tax advantages. Sole […]

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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 […]

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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, […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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