Category: Administrative Law

Foreign Business Law of Thailand Q and A

The foreign business law of Thailand is quite in depth, so it is helpful to review a more detailed series of questions, especially some often over-looked points, for the benefit of foreign investors interested in doing business in Thailand. Starting from what time can a foreign company that has received permission to operate business in […]

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Foreign Business Act: Manufacturing For Hire

Manufacturing is generally not restricted by the Foreign Business Act of 1999 which means that foreigners are allowed to operate such businesses in Thailand without having to apply for a Foreign Business License. However, one unclear point regarding manufacturing is whether manufacturing products according to specific customer orders is restricted to foreigners under the Foreign […]

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Direct Selling under the Foreign Business Act

Direct sales or direct marketing generally refers to the the selling or marketing of goods and services by independent sales agent to consumers directly at their home or workplace. In Thailand, the Direct Sales and Marketing Act of B.E. 2545 (2002) defines the terms as follows: “Direct sales” refers to the marketing of goods or […]

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Foreign Business License: Regional Office

Foreign multinational companies with business operations in the ASEAN region or Asia may consider setting up a regional office in Thailand as a support hub for their corporate network in the region. Nevertheless, the regional office is considered a “service” business within the definition of category (21) of List Three annexed to the Foreign Business […]

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Foreign Business License: Installation, Repair, and Maintenance Services

A common business activity for foreign multinationals that set up business operations in Thailand is installation, repair, and maintenance services. This refers to the installation, repair and maintenance of machinery, tools, and equipment used in the manufacturing process. However, this business activity falls within the scope of Category (21) of List Three of the Foreign […]

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Technology Transfer Plan Guidelines for Thai BOI

Foreign investors in Thailand who will be applying for a license in order to engage in a restricted business activity according to the Foreign Business Act of 1999 must prepare a technology transfer plan. Section 5 of the Foreign Business Act requires that technology transfer constitute one factor to be considered in permitting foreigners to […]

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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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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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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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Import/Export Companies and Tax Implications for Defective Goods

A common problem faced by import/export companies is when goods that are ordered from overseas turn out to be defective. International traders in Thailand should be aware that there are tax implications arising under the Revenue Code regarding their defective stock. Further guidance is provided in Revenue Department Advisory Opinion No. Gor Kor. 0702/8141 issued […]

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