Thailand Foreign Business License: Rental Services

“Rental services” refers to procuring immovable property, such as land or office space, or movable property, such as machinery, equipment or motor vehicles for lease to customers. Rental services falls within Category (21) of List Three annexed to the Foreign Business Act of 1999. Therefore, any foreigners that plan to engage in rental services in […]

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Consumer Protection in Thailand: Advertising

Advertising in Thailand is subject to the Consumer Protection Act of B.E. 2522 (1979), in addition to other laws depending on the type of product or service. The Act creates serious criminal penalties for any violations; therefore, it is important for businesses to ensure that their advertisements are compliant, in order to limit any possible […]

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Agency Law in International Commerce in Thailand

| January 15, 2016 | Property

An important consideration when conducting an international commerce business in Thailand is the issue of agency relationships between a distributor and the overseas supplier or manufacturer. Where an agency agreement has been created, the general rule of law is that principals are held liable to third parties, such as purchasers, for the authorized actions of […]

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Basics of Thai Investment Promotion Law

Thailand’s investment promotion laws are a particularly important element of its overall plan for future economic growth, especially regarding its competitiveness with other nations in the ASEAN Economic Community (AEC). The Investment Promotion Act of B.E. 2520 (1977), amended as recently as 2001, empowers the Board of Investment (BOI) of Thailand to grant tax and […]

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Betrothal Agreements under Thai Law

Under Thai law, a promise to marry creates a legally binding agreement if the groom transfers property called the khongman (a “reverse dowry” or “bride price”) to the bride after the betrothal has taken place. Therefore, as a legal contract, a betrothal gives rise to legal ramifications. According to Sections 1439 and 1440 of the […]

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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. […]

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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 […]

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Registering a Trademark under Thai Law

An important principle of Thai trademark law is that words directly referencing the quality or character of the goods will not be deemed distinct and cannot be registered as a trademark. Section 7(2) of the Trademark Act of B.E. 2534 (1991). However, paragraph three of Section 7 also states that a trademark may also be […]

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Victims of Fraud in Thai Criminal Law

| November 13, 2015 | Criminal Law, Litigation

A fundamental issue that arises in Thai criminal law is whether a certain person directly affected by a crime may be considered a victim of that crime. This issue is particularly important because in Thailand, as in other countries that follow the European Continental Law tradition, victims are allowed to join the prosecution as a […]

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Challenging Condominium Resolutions under Thai Law

Do owners of condominium units in Thailand have the right to challenge unlawful resolutions passed by a general meeting of the condominium’s co-owners? The Condominium Act of B.E. 2522 (1979), amended as recently as 1999, has detailed rules regarding general meetings of the co-owners, but in fact does not have any provision addressing the cancellation […]

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