Integrity Legal

A recent article posted on the official MCOT website noted that Thailand’s Prime Minister Yingluck Shinawatra is currently visiting Nanning, China. Nanning is the capital of Guangxi Zhuang Autonomous Region. Apparently she is visiting in her official capacity and attending the commencement of the China-ASEAN Business and Investment Summit and the 10th China-ASEAN Expo. These activities are reportedly to continue until the 6th of September. A government spokesman pointed out that the Kingdom of Thailand and the Peoples’ Republic of China are seeking to increase bilateral trade volume to $100 billion by 2015. The same spokesman also noted that the Chinese Prime Minister has signaled Chinese intentions to purchase 1 million tons of rice from Thailand.

The issue of international purchases of Thai rice has been controversial in recent months as the current Thai government has taken criticism for the so-called rice pledging scheme. Should the Chinese government ultimately purchase the amount of rice noted above it could be viewed as a positive development for the Thai agricultural sector as a whole and the rice sector in particular.

It was also noted that Chinese officials had displayed interest in investing in the Thai rubber industry. As in the case of the Thai rice pledging scheme, the current government has dealt with frustration from labor groups in the Thai rubber industry as protests of current policy have even caused highways and railways to be closed in Southern Thailand. Perhaps an influx of Chinese investment could ease some of these tensions and result in a more prosperous Thai rubber sector in the future.

Meanwhile, the issue of railways also seems to be of importance to Thai, ASEAN, and Chinese officials attending the summit as Thailand appears set upon investing 2 trillion baht in infrastructure projects including construction of high speed rail systems. It is hoped that by the year 2020 Thailand will have a high speed rail system connecting to China via Laos. In the previous posting on this blog it was pointed out that Chinese businesses are repositioning themselves both strategically and geographically in an effort to gain further access to what they believe to be an increasingly lucrative ASEAN market. By creating a high speed rail link between China and Thailand, Thai officials could place Thailand in a very beneficial position in the future since such a system would facilitate further trade not only between China and Thailand, but also between those two countries and the other ASEAN markets.

Tags: ASEAN, ASsociation of Southeast ASian Nations, China, China-ASEAN Business and Investment Summit, China-ASEAN Expo, Laos, Prime Minister Yingluck Shinawatra, Rice Subsidy Scheme, Thai Rice, Thai rubber industry, Thailand, Thailand agriculture, Thailand High Speed Railway
Posted in ASEAN Business, China Business, Thailand Business | No Comments »

In a recent China Daily news article the impact of growing trade between China and the countries which comprise the Association of Southeast Asian Nations (ASEAN) was discussed. It would appear that trade between China and ASEAN is having significant ramifications for merchants and businesspeople within China. The article points out that a Chinese candy manufacturer moved its operations to Guangxi, once considered something of a backwater, in an effort to better capitalize upon the benefits of ASEAN’s rise economically. In the article Wu Jinpei, the owner of the aforementioned candy manufacturer, points out that gaining access to the ASEAN market is an important issue for his business “We invested in Guangxi because the region is a gateway to the ASEAN, which provides great geographic advantages and potential markets.”

In a previous posting on this blog, it was pointed out that China-ASEAN trade has increased exponentially in the past 10 years. As of 2012, trade between ASEAN and China exceeded $400 billion. This number is roughly five times larger than the same figures in 2003. Clearly ASEAN is proving to not only be a major factor to be taken into consideration by those doing business within Southeast Asia, but also by those trading in Greater Asia as well. The previously cited article went on to point out that as trade has flourished between China and ASEAN the business dynamics within China have transformed as well. “When I first came here [Guangxi] in 1996, there were only a dozen businessmen from Fujian and the market was small,” said Wu. “But now more than 1,000 Fujian merchants have gathered in this tiny city and the number is growing.”

Recent comments from the Thai Prime Minister pointed out that high speed rail systems linking Thailand to China via Laos is a priority in the long term and many other ASEAN jurisdictions have been moving towards developing similar projects. These remarks, coupled with the information cited in the above article are reminiscent of the period in the United States when so-called “rail heads” created boom-towns across the American frontier. As the railroads continued their drive westward and as new territories became more integrated into the overall economy trade flourished and prosperity increased.

Could the growth of ASEAN-China trade and once small Chinese business communities becoming significant trade centers catering to ASEAN demand combined with the prospect of further economic integration through connection of ASEAN countries with China herald a new boom-town era for East and Southeast Asia? It seems quite likely that as China’s economy continues to become more sophisticated and as ASEAN moves toward economic integration, in the form of the ASEAN Economic Community (AEC), the world could see staggering economic growth in once obscure geographic areas in Asia.

Tags: ASEAN, ASsociation of Southeast ASian Nations, China, China-ASEAN trade, Guangxi, high speed rail Southeast Asia, Thai Prime Minister, Thailand
Posted in ASEAN Business, China Business, Thailand Business | No Comments »

Many people living in Thailand establish corporate entities in order to conduct business in the Kingdom. This is no different for foreign nationals wishing to do business in Thailand. In the past, it was relatively easy for foreign nationals to set-up a Thai company. However, over the years the rules regarding corporate formation have grown increasingly complex as the business environment has evolved. At the same time, Thai officials have implemented policies which foster foreign investment (most notably recent regulations which have decreased the Thai corporate tax rate from 23% to 20%). All of these issues gain a new complexion when one considers the fact that as Thai laws regarding corporations have developed so too have the agreements creating the infrastructure which underlies the Association of Southeast Asian Nations (ASEAN).

In the past, Thai authorities did not, in general, heavily scrutinize Thai companies with all Thai shareholders, even such entities having a foreign director. In fact, there was a time when simply maintaining a majority of Thai shareholders provided a degree of protection against substantial official examination. Thai partnerships (both limited and ordinary) were also somewhat immune from significant governmental oversight even where a foreign partner controlled a stake the firm. However, it should be noted that pursuant to the provisions of the Thai Foreign Business Act virtually all Thai business entities with a foreign majority ownership structure have been required to obtain either a Foreign Business License, a Treaty Certificate pursuant to the provisions of the US-Thai Treaty of Amity, or some other form of documentation showing either licensure from the Ministry of Commerce pursuant to Thai law or exemption based upon a Free Trade Agreement.

As of January 2013, a new policy regarding newly established Thai companies came into effect. Thai companies with any foreign directors must now prove that the registered capital has been paid into the company by the relevant shareholders. This is even the case where the company is wholly owned by Thai nationals. Furthermore, where a foreign national maintains 50% (or more) interest in a Thai partnership evidence must be provided showing paid up capital in the enterprise. Registered capital has always been an issue for Thai authorities, but it would now appear that the rules regarding registered capital will be applied more stringently especially where there is a foreign director or partner involved in the Thai company or partnership.

As the ASEAN Economic Community (AEC) is set to come into existence in 2015 and based upon the fact that Thailand has signed various international agreements pertaining to international trade and foreign direct investment there are some who argue that the time is quickly coming when Thai regulation of foreign run businesses will be liberalized. Until that time comes, the rules imposed upon foreigners setting up businesses in Thailand are likely to be more strictly enforced compared to times past.

For related information please see: Thailand Business Registration.

Tags: Amity Treaty, Amity Treaty Company, ASEAN, ASsociation of Southeast ASian Nations, Business Registration Thailand, Registered Capital, Thai Business Incorporation, Thai Company, Thai Limited Partnership, Thai Partnerhip, Thailand Business, Thailand Business Incorporation, Thailand Business Registration, Thailand company, Thailand company registration, Thailand Limited Partnership, Thailand Partnership, Treaty of Amity, US-Thai Treaty of Amity
Posted in Amity Treaty, ASEAN Business, Thailand Business, Thailand company | No Comments »