Thailand Law Blog

International Trade Without Distribution in Thailand

Aside from being a place to do business, foreign companies are also choosing Thailand as a jurisdiction to locate their businesses perhaps without actually doing business there. The reasons why a foreign company may want to locate themselves in Thailand while engaging in business somewhere else are varied and complex; it may have to to […]

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Contracts for Buying and Selling a Thai Business

In order to buy and sell a business in Thailand, the buyer and seller will have to sign an agreement regarding the transaction. Furthermore, the particularities of the contract will vary depending on how the business is registered and what the assets of the business include. In this article, we will review some necessary elements […]

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Revised Board of Investment Policy

The Board of Investment (BOI) of Thailand has revised its investment policy in order to account for the changes in both the Thai and global economies. The BOI has announced a goal for its new policy which is based on promoting “investments offering value,” both within Thailand and for Thai investment overseas. The new policy […]

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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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Thai-U.S. Treaty of Amity Frequently Asked Questions

The purpose of this article is to address a few questions that are frequently raised by clients regarding the Thai-U.S. Treaty of Amity, which allows U.S. citizens and companies to be exempted from most of the restrictions of the Foreign Business Act of 1999. Although the meaning of the Treaty of Amity itself is rather […]

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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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Restrictions on Unfair Trade Practices in Franchise Businesses

Commissioner Santichai Santawanpas of the Office of Trade Competition Commission or OTCC announced last month that new guidelines on unfair trade practices of franchise businesses would be enforced starting February 4, 2020. He said that the change aims at ensuring good governance, establishing business practice standards, and protecting small-scale franchise holders from bigger ones. At […]

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Bank of Thailand Announces Relaxation of Foreign Trading and Exchange Regulations

The Bank of Thailand (BOT) Act, B.E. 2485 sets out the objectives, the scope of working and organization structure of the Bank of Thailand in accordance with the international central banking standard in order to maintain the financial system, the financial institution system and the payment system stability and efficiency through transparency and accountable procedure. […]

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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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