Category: Company Law
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 […]
Abandonment of Business in Thailand (Article 1273/1)
If the company fails to submit the financial statement three years in a row, there is a possibility that the officer might consider the company as abandoned and struck the company’s name off the record. The step of striking the company’s name off the record is seen in article 1273/1 as read: “Where the registrar […]
Ordinary and Extraordinary Shareholders Meeting
Both ordinary meeting and extraordinary meeting are a shareholders meeting. The differences are that the ordinary meeting shall be held in two cases. The first ordinary meeting is held within six months after the business is incorporated, the following ordinary meetings are held after the first ordinary meeting and will be held at least once […]
Factory License in Thailand Overview
There are three (3) types of factory under Factory Act, B.E. 2535 (1992). The first type of factory can operate or manufacture any time upon their wish. However, the manufacturer has to follow the regulation under ministerial regulations. The second type of factory, even there is no need to ask for permission before any manufacturing, the […]
