blog-hdr.gif

Integrity Legal

Archive for the ‘Thailand Business’ Category

21st November 2019

As the US-China trade tensions continue (notwithstanding some hope that a trade deal may soon be reached) many foreign businesses in China are looking to relocate to other jurisdictions. For example, in a recent article is was noted that German businesses in China are seeking alternatives to China for certain types of manufacturing. Meanwhile, American businesses, which are presumably the most impacted by the trade war, are also taking steps to alter their supply chains in order to optimize their business structures under current circumstances.

While there are many jurisdictions in Asia which may appear accommodating to American business, this blogger would argue that Thailand is the best jurisdiction for American business in Asia. First, Thailand boasts a long history of friendly relations with the United States. As America’s oldest ally in Asia Thailand has been conducting business with the United States for years. Concurrently, the United States and Thailand share a multitude of bilateral agreements which can operate to the benefit of American businesses in the Kingdom. Most notably, the US-Thai Treaty of Amity provides “national treatment” to American businesses in Thailand. This allows American business to be treated in the same manner as Thai businesses operating in Thailand. As a practical matter this can provide substantial benefits to American businesses in Thailand. For example, such enterprises are not subject to the provisions of the Foreign Business Act in Thailand as such operations are treated as Thai. Therefore, those companies do not need to have the same type of Thai majority shareholding structure that other similar operations need that are of different nationality.

Another substantial benefit of conducting business in Thailand under a Thai Amity Treaty Company is an interpretation of relevant American law which argues that Thai Amity Treaty companies are not “controlled foreign corporations” and therefore not subject to the new tax liabilities created under the legislation colloquially referred to as Trump Tax. Due to the domestic nature of American Treaty laws, the organization and certification of an American company under the Amity Treaty in Thailand could be construed as a the creation of a domestic corporation thereby negating the enforcement of laws creating liabilities for Americans owning foreign corporations.

If an Amity company is deemed to be “domestic” rather than “foreign” this, in and of itself, could be very beneficial for an American company in Thailand. This benefit could be compounded by the exemptions regarding taxation created under the Double tax agreement between the United States and Thailand. Furthermore, those companies operating in Thailand that receive benefits, including tax holidays, from the Thai Board of Investment (BOI) could see themselves in a very advantageous position overall. In summation, for the reasons noted above and many more it should be noted that Thailand is a jurisdiction which should not be overlooked when making a decision as to which jurisdiction a corporation should shift to for logistical and operational purposes.

TO COMPLY WITH U.S. TREASURY REGULATIONS, WE ADVISE YOU THAT ANY U.S. FEDERAL TAX ADVICE INCLUDED IN THIS COMMUNICATION IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, TO AVOID ANY U.S. FEDERAL TAX PENALTIES OR TO PROMOTE, MARKET, OR RECOMMEND TO ANOTHER PARTY ANY TRANSACTION OR MATTER.

THE ABOVE INFORMATION SHOULD NOT BE CONSTRUED AS SPECIFIC LEGAL ADVICE NOR RELIED UPON AS SUCH. THOSE INTERESTED IN THIS TOPIC SHOULD OBTAIN PROFESSIONAL ADVICE REGARDING THEIR SPECIFIC SITUATION.

more Comments: 04

22nd September 2019

Integrity Legal has been providing legal services in Bangkok, Thailand for 12 years. In that time, the legal system in Thailand along with the Thai Immigration and tax collection systems have evolved. As a result, accounting and issues pertaining to corporate compliance are having an increasingly direct impact upon immigration matters for foreign nationals who own or work in companies in Thailand. For example, maintenance of payroll records and records contributions to Thai Social Security can be critical for those seeking Thai work permits and Thai business visa extensions. Meanwhile, Thai Immigration initiatives which would seem to only be relevant in a personal context can have ramifications in a corporate context. For example, a foreign national working in a Thai company could see their application for a business visa extension rejected due to failure to file a TM30 form providing relevant information regarding address location.

Due to the increasing complexity of Thai law and regulatory enforcement, a more holistic approach to business incorporation, visa extension, work permit application, accounting, payroll maintenance, and corporate services is necessary. For this reason Integrity Legal is proud to announce the foundation of Integrity Services. Integrity Services provides corporate maintenance services, accountancy services, and also tax advisory services (in both a Thai and an American context). Integrity Services is managed by a Thai accountant with fluency in English. The firm will also provide consultation and tax advisory services from an American tax attorney where necessary.

Integrity Services can provide ongoing support to businesses in Thailand with a special emphasis upon companies with foreign ownership or management. Concurrently, with recent changes to the American tax laws, advisory services from an American tax attorney with experience in Thai corporate matters can provide a great deal of benefit to firms with American stakeholders or management. Meanwhile, Integrity Services will provide assistance to clients of Integrity Legal, where necessary, in a seamless manner. By blending standard legal services with, corporate compliance, immigration, and accounting the teams of both Integrity Legal and Integrity Services can provide comprehensive assistance to our clients in all matters pertaining to business in Thailand.

Contact us today to learn more about how your business could be improved with Integrity.

more Comments: 04

15th July 2019

Issues surrounding the decline in tourism have been of increasing concern in Thailand over the past months. Many factors seem to be at play when discussing the issue of the tourism downturn in Thailand. For instance, fallout from the US-China Trade War may be playing an integral role in the declining number of tourists coming to Thailand since the slowing of the Chinese economy has knock-on effects regionally. Specifically, the decreased purchasing power of Chinese consumers is causing a decrease in demand for travel packages to Thailand.

The China-specific issues notwithstanding, many have pointed to the increasing strength of the Thai baht as a cause of concern. Budget conscious travelers to Thailand are being put off by the relative increase in cost to travel to the Kingdom as a result of the appreciating local currency.

Finally, some of the decreasing tourist numbers could be attributed to the increasingly stringent immigration policies being placed upon ostensible tourists. In the past, there were a number of individuals who opted to live in Thailand utilizing tourist visas or 30 day stamps. These individuals who have been tabulated as “tourists” in the immigration records, but the reality was that these people were using such visas to live in the Kingdom. New enforcement measures have been put in place and new policies promulgated which are designed to discourage such behavior. For example, where once overstay in Thailand was considered a rather trivial offense which resulted in a relatively nominal fine, especially for those who overstayed their visa for a prolonged period. Now overstay can result in deportation and a prolonged registration on the Thailand Blacklist. Meanwhile, Immigration officers at border checkpoints have been turning away prospective entrants to Thailand if they are using multiple 30 day stamps in one year or are attempting to remain for a prolonged period of time in the Kingdom on single entry or multiple entry tourist visas.

Notwithstanding the above issues, Thailand remains one of the best jurisdictions in Southeast Asia to do business. Proof of the increased interest in Thailand is the fact that Foreign Direct Investment in Thailand has increased by over 200% in 2018. This increase in FDI may be attributed to the fact that the benefits which can be accorded to companies looking to do business in Thailand under the Board of Investment (BOI) are substantial and can even include prolonged tax holidays. Meanwhile, Thailand boasts the best infrastructure in the region and Bangkok has seen tremendous real estate growth as well as infrastructural improvement including, but not limited to, the expansion of the rail system within the city. High speed rail systems are likely to be brought online in coming years as well. Clearly, although Thailand is seeing some decline in terms of tourism it is increasingly apparent that business travelers and investors are choosing the Kingdom to conduct business.

It should be noted that along with all of the above developments, Thailand remains arguably the best jurisdiction for Americans doing business in the region as Americans can enjoy the benefits of the US-Thai Treaty of Amity. This agreement allows Americans citizens and American companies “national treatment” when doing business in the Kingdom thereby permitting 100% ownership of American enterprises operating in Thailand. This coupled with Thailand’s infrastructure and business environment makes Thailand an especially welcoming destination for American investment.

more Comments: 04

9th August 2018

In recent months, the rules upon which the regime for issuing and maintaining Thai work permits and visas have been undergoing some changes. However, the permanence of these changes remains to be seen and the practical implications of these changes are also open to speculation. Hopefully the following posting with provide some clarification with respect to where work permit and visa rules currently stand.

Work Permit Restrictions Appear to be Loosened

Since the promulgation of the Emergency decrees regarding work permits in Thailand analysts seem increasingly convinced that regulations regarding time, place, and manner of work in Thailand have loosened. In the past, Thai work permit regulations (and the enforcement agencies associated therewith) viewed the rules very strictly when it came to the specific locations where foreigners could undertake labor, the specific functions foreigners could perform, and the timing of when a foreign worker could begin working. For example, foreign temporary workers had to await issuance of a work permit book or temporary work document in order to begin working. Meanwhile, those issued with long term work permits were at one time restricted to performing their job only within the premises of the business acting as the work permit sponsor. Later, the geographic scope of labor endeavor was expanded to allow foreigners to undertake work throughout a specific province in Thailand. However, under any circumstances the foreign national with work authorization had to be circumspect in their endeavors as the work activities they undertook had to fall within the boundaries of the job description specified within the provisions of the work permit itself.

Pursuant to the provisions of the second emergency decree regarding the management of foreign workers in Thailand it appears that many of the restrictions regarding geographic scope of activity have been lifted. Meanwhile, the strict scrutiny of job functions appears to be a thing of the past as well (although a list of occupations restricted to Thai nationals is still in force so long as the activity in question is not specifically in violation of that list the foreign worker should be free from sanction). Furthermore, it appears that certain temporary workers who are brought into Thailand for a short period of time may be able to perform their function in a much more immediate manner compared to the past as, depending upon circumstances and subject to the aforementioned list of restricted activity, many workers may be able to immediately begin performing their functions.

The Return of the One Year Multiple Entry Visa?

It would seem that there is another possible change to Thai regulations regarding work authorization and business visas in Thailand. Apparently, regulations now stipulate that some of those working for a foreign company in Thailand (such as a Representative Office) are no longer required to obtain a work permit. This new exemption apparently only extends to Directors of such organizations. Furthermore, it appears that so-called Amity Treaty Companies (those corporations certified as American and therefore accorded protections pursuant to the US-Thai Treaty of Amity) are now subject to such exemption. Under such circumstances the directors of such companies are able to apply for a 1 year multiple entry visa from their country of origin. As of the time of this writing, this blogger has yet to personally deal with a matter arising under these new rule changes, but the creation of new immigration options is always noteworthy. It should be noted that these regulatory changes appear to be exclusive to Labor matters. Thai immigration regulations have not changed with respect to the rules regarding visa extension in the Kingdom. At the present time a work permit appears to still be required for those wishing to remain in the Kingdom long term via a Thai business visa extension application.

more Comments: 04

6th March 2018

In recent weeks, certain sectors of the internet as well as the administration of this blog have been attempting to predict the trajectory of the issues surrounding both cryptocurrency regulation (and the exchanges associated therewith) as well as the more specific issue of regulatory oversight with respect to Initial Coin Offerings or ICOs in Thailand. As of the time of this writing, specific provisions of either an enacted or proposed regulatory framework remain to be seen. However, according to a recent article in the Bangkok Post entitled SET Drafts Advice for ICO Investment some regulatory agencies are issuing guidelines for the public regarding Initial Coin Offerings as well as cryptocurrency generally. To quote directly from the aforementioned article:

The Stock Exchange of Thailand is preparing guidelines for investment in initial coin offerings so that investors can evaluate ICOs and assess risk and return…ICO transactions are similar to crowdfunding, whereby the issuer presents a business model to investors, but the key differences are that the raised funds are in the form of digital currencies using blockchain technology and the deals are enforced using smart contracts.

In the past there were apparently discussions among Thai officials with regard to the regulation of digital currency as well as the mechanism of promulgating such instruments through usage of ICO mechanisms. At present, relevant regulators have yet to produce a framework under which creation of new digital currency will be regulated in Thailand. Furthermore, the creation of so-called “smart contracts” have yet to be substantively addressed in either a regulatory context or through any type of judicial opinion. In short: the technology is quite cutting edge and, as in most cases regarding the law and technology, the legal system and regulators are playing a sort of game akin to “catch up”. To Thai regulators’ credit: this issue is one that has only come to the foreground quite recently and it involves technology and practices that relatively few are well versed in dealing with. Therefore, some amount of delay is not unreasonable. In fact, it may be necessary in order to ultimately promulgate a lasting regulatory framework.

As of the time of this writing some developments have occurred with respect to digital currency and the exchanges associated therewith. Most notably, the Bank of Thailand recently requested that certain banks refrain from facilitating banking functions associated with digital currency exchange. In connection with this news there has been speculation that any future regulations will contain requirements such as “Know Your Customer” rules requiring exchanges to be fully apprised of their customer’s identity’s (and perhaps business endeavors?) although a detailed copy of any regulations remain to be seen. As matters pertaining to digital currency continue to remain opaque from a legal standpoint in Thailand, the administration of this blog will continue to provide updates on the matter as and when necessary in an effort to provide up to date information regarding what has proven to be both a dynamic and legally nettlesome issue.

more Comments: 04

3rd October 2017

It recently came to the attention of the administration of this web log that the Royal Thai Gazette has recently published an announcement regarding changes to the methodology in which Value Added Tax (VAT) is calculated in Thailand. Below please find an English translation of this announcement:

Page 6

Book 134 Part 102 Kor                         Royal Thai Government Gazette                  2 October 2017

(Official Emblem)

ROYAL DECREE

Issued under the Revenue Code

Regarding Value Added Tax Rate Reduction (No. 646)

B.E.2560 (2017)

————————————-

His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun,

Given on 30 September 2017

of the second year in the present reign.

His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun is graciously pleased to proclaim that:

Whereas it is appropriate to adjust the Value Added Tax Rate Reduction.

By virtue of Section 175 of Constitution of the Kingdom of Thailand and Section 80 of the Revenue Code which amended by Revenue Code Amendment Act (No. 30) B.E. 2534 (1991) Be it; therefore, enacted by His Majesty the King, as follows:

Section 1. This Royal Decree shall be called the “Royal Decree under the Revenue Code, regarding Value Added Tax Rate Reduction (No. 646) B.E.2560 (2017)”

Section 2. This Royal Decree shall come into force on and from the date of 1st October B.E.2560 (2017).

Section 3. The order of the Head of the National Council for Peace and Order No. 65/2559 on the Reduction of Value Added Tax Rate dated on 1st November B.E.2559 (2016) shall be repealed.

Section 4. There shall be reduced the Value Added Tax Rate in accordance with Section 80 of the Revenue Code and shall withhold at the following details;

(1) In the rate of 6.3 percent of sale, service or import in all kind thereof which shall be effective from the date of 1st October B.E.2560 (2017) to 30th September B.E.2561 (2018).

(2) In the rate of 9 percent of sale, service or import in all kind thereof which shall be effective on and from the date of 1st October B.E.2561 (2018).

Section 5. The Minister of Finance shall have the care and charge of this Royal Decree.

Countersigned

Colonel-General Prayut Chan-o-cha

Prime Minister

 

For those interested in viewing the Thai version of the original announcement please click HERE to go to the view the PDF from official website of the Royal Thai Gazette. Please note that this translation is provided for informational purposes only and should not be viewed as a definitive legal interpretation of Thai law.

Two provisions are notable within this announcement, the first is that the VAT is to be lowered from 7% to 6.3% for the next year. Meanwhile, from October of 2018 onward the effective VAT tax rate is apparently to be 9%. This is an overall increase from the current rate of 7% which was the rate prior to the recent announcement.

more Comments: 04

21st September 2017

In recent weeks various sources have discussed the changes to tax policy in Thailand, specifically with reference to changes in the excise tax regime. Specifically, with regard to excise tax (also described by some as a “sin tax”) there was discussion before the new measures were implemented concerning the possibility that the new taxes would be relatively significant. Ultimately, events have transpired which has shown that the new measures have not resulted in a substantial increase in terms of taxes passed on to the consumer. The increased taxes have turned out to be rather nominal, but the methodology by which taxes are calculated has changed. Therefore, the end consumer may not see much of a change, but those further up-stream in terms of distribution are dealing with issues associated with the new calculation method.

Meanwhile, other recent measures have taken effect throughout 2017 which is changing the way revenue collection and tax enforcement is conducted. First, it appears that there will be an increase in VAT (Value Added Tax) placed upon items purchased online in Thailand. It appears Thai officials are keen to increase revenues from the digital economy. In the past, the revenue collection system of Thailand was geared to deal with tax collection in a manner more suitable to the pre-internet online economy. Where once there were a number of exemptions for online purchases now those exemptions are being phased out as revenue authorities are coming to grips with the fact that more economic transactions are occurring online.

Finally, it is worth noting that so-called e-filing of certain corporate tax documentation is now mandatory in Thailand. Paperwork such as the audited financial statement are required to be filed online. To those with experience dealing with tax matters in other jurisdictions this new requirement may seem long past due as many other jurisdictions have conducted such matters online for years (in some cases decades). However this development has only come to pass in Thailand in 2017. In the future it appears likely that many corporate tax filings will be perfected online.

In conclusion, all of the above information, when taken together, illustrates a trend which has been progressing for a few years now. Namely, an drive to increase the efficiency and improve the methodology by which taxes are assessed and collected in Thailand. It seems logical to infer that this trend will culminate in the full transformation of the Thai tax system and that said system will be thereafter much more similar to internal revenue services in countries in the more developed world. This will likely occur before the back drop of an increasingly dynamic Thai economic and it seems sensible to expect that revenue to Thai state coffers will increase thereby.

more Comments: 04

24th April 2017

In recent weeks it has come to this blogger’s attention that some significant changes with respect to the duration of leases in Thailand have been not only proposed, but are apparently nearing a point where they might be implemented. While The Nation has taken note of the fact that various stakeholders in the Thai real estate sector have welcomed the possibility of 99 year leases for foreign investors in the Thailand property market (a proposal which has many restrictions in and of itself, including the requirements that such lease may only be possible in large industrial developments operating with the proposed Eastern Economic Corridor or EEC). Meanwhile the Bangkok Post has reported that various activist groups in Thailand are opposed to the proposal that 99 year leases be implemented. In this blogger’s view the more important issue is the fact that the implementation of new laws regarding Thai commercial leases appears very near at hand. To quote directly from the aforementioned Bangkok Post article:

[T]he government approved the land rental extension to 99 years, a policy change that will affect about 10 million people who are in need of land, he said. The cabinet’s resolution was made in a bid to promote the eastern special economic development zone to draw international investment linking the country more closely to the Asean community and beyond…

It should be reiterated that the leases at issue are of a commercial nature and appear only to be possible within specified zones, but the change is notable since for years 30 year leases were the norm in Thailand and the recent changes seem to mark a substantial shift in policy thinking. It should be noted that recently proposed changes may make it possible for foreign nationals to obtain a 50 year lease in Thailand on residential property. Clearly, all of these developments bode well for those wishing to invest in the Thailand property market.

Not everything is developing in a positive manner for everyone with respect to the use of real estate in Thailand. In recent weeks, there has been a great deal of clamor arising from the fact that officials affiliated with the Thai government have announced plans to severely curtail, if not outright ban, street food vendors in the Kingdom. To quote a recent article on the Voice of America website quoting an assistant to the Governor of Bangkok:

“The street vendors have seized the pavement space for too long and we already provide them space to sell food and other products legally in the market,” the assistant said. “So there will be no let-up in this operation – every street vendor will have to move out.”

It should be noted that what may appear to be “street food vendors” may in fact just be sellers of food in an open air environment, but occurring on private property in Thailand. Therefore, this blogger does not expect that outdoor dining on traditional Thai fare will disappear any time soon. However, it seems logical to infer that street vendors will likely be making deals with owners of Bangkok property to use their land in order to sell food. A question posed by many: why are authorities in Thailand doing this? Many of those posing this question do so for different reasons. Some note that street food is part of the tapestry of Bangkok life. Meanwhile, others note that restricting street food could have a detrimental impact upon tourism. Although this blogger does not necessarily agree with all of the restrictions being proposed with respect to street food two things should be noted. First, the thoroughfares of Bangkok have a tendency to become crowded and street food vendors had more than a tendency to exacerbate this crowding. Second, Thai authorities have continued to note issues related to the raising of government revenue and it is this blogger’s opinion that the restrictions on street food may be the government’s initiative to, at least indirectly, encourage some vendors to engage in the more regulated economy. The Value Added Tax accounts for a significant portion of Thailand’s overall revenue. Therefore, if authorities can encourage more businesses to become part of the VAT system then it stands to reason that the government could raise further revenue. This blogger knows for a fact that there are those street vendors who do pay VAT, but the percentage of such individuals in relation to the overall number of street vendors is quite small. Therefore, it seems likely that while on the one hand Thai authorities are making the streets in Bangkok more easily accessible the upshot may be a benefit to government coffers in the long run.

more Comments: 04

11th March 2017

It recently came to the attention of the administration of this web log that the subject of the Value Added Tax (VAT) has been a hot news item in Thailand in recent days as the current Prime Minister was noted speculating about the advantages to be gained by the Thai government if the VAT were to be raised one percentage point from the current level of 7% to 8%. To quote directly from The Nation’s website:

Prime Minister Prayut Chan-o-cha has floated the idea of raising the value-added tax (VAT) rate by one percentage point from the current 7 per cent to 8 per cent to raise an additional Bt100 billion in annual tax revenues to finance various public projects.

Meanwhile, it became unclear from further reports whether the Prime Minister was simply expounding upon the advantages to be gained by an increase in VAT or if a change of policy was being discussed. To quote from the official website of the Bangkok Post:

Finance Minister Apisak Tantivorawong said the government plans to keep VAT unchanged at 7% for another year when the previous extension of the last period for keeping VAT at 7% ends on Sept 30. VAT would not increase during the term of this government, he added.

Setting aside the issue of what the Prime Minister’s intentions were with respect to his comments regarding VAT increase (and it would appear from this writer’s perspective that he was indeed simply commenting upon the benefits to be garnered by the government should VAT be increased to 8%) it appears that at least for the foreseeable future the VAT in Thailand will not be increased.

For those who have had experience doing business in Thailand VAT is known as a fact of business-life. In fact, those foreign nationals wishing to setup a Company in Thailand are well advised to note that in order to get a Thai work permit associated with such companies the relevant corporate entity oftentimes must be registered for VAT. Therefore, unlike Thai businesses which may or may not require VAT registration, foreign companies in Thailand will often be VAT registered and therefore an increase in VAT will have a substantial impact upon such enterprises.

Meanwhile, in the aftermath of recent changes to American policy with respect to US Immigration it appears that a number of new Immigration Judges have been impaneled to deal with the staggering backlog of United States Immigration cases in the Immigration Courts. To quote directly from Reuters News Service:

The Department of Justice is deploying 50 judges to immigration detention facilities across the United States, according to two sources and a letter seen by Reuters and sent to judges on Thursday. The department is also considering asking judges to sit from 6 a.m. to 10 p.m., split between two rotating shifts, to adjudicate more cases, the sources said. A notice about shift times was not included in the letter.

Clearly, the new Administration in the USA is stringently enforcing immigration laws as evidenced by the recent stories of increased deportations, travel bans, and heightened scrutiny of immigrants (both Green Card holders and other immigrants) at ports of entry in the USA. It seems rather reasonable to infer that US Immigration matters are likely to be more difficult and time consuming to process in coming weeks and months.

more Comments: 04

11th July 2016

In a previous posting on this blog the issue of single person incorporation of Thai companies was discussed. Back in September of 2015 it was revealed that the officials with government offices such as the Ministry of Commerce and the Department of Business Development were reviewing the possibility of amending the existing corporate laws in Thailand so as to allow an incorporated entity such as a limited company to be owned by one individual person. This would be similar to legislation in countries such as the United States which allows individuals, acting alone, to set up structures such as limited liability companies on their own.

It recently came to this blogger’s attention that some new developments have taken place with regard to this topic. To quote directly from the website of The Nation Newspaper:

THE Business Development Department has reviewed a new draft law and added in the document that a foreign individual cannot register a business in the Kingdom. The move aims to prevent |foreign enterprises from competing against Thais in many businesses that should be preserved for Thais. The original draft, known as “one person, one company,” states only that a single person can register a business in Thailand.

As readers of this blog and website may be aware there are many provisions enshrined in Thai law designed to protect Thai enterprises from foreign competition in Thailand. Most notable is the Foreign Business Act which specifically designates the type of business activities which are restricted to foreign nationals. As the website of Coconuts Bangkok noted:

This addition to the draft is designed to keep foreign businesses from competing against Thai companies in the long list of industries that the government has deemed reserved for Thai nationals only.

The aforementioned list of industries is detailed in the provisions of the Foreign Business Act. Currently, Thai law requires that a limited company have at least 3 shareholders in order to be registered pursuant to Thai law. This proposed law would change those provisions. It appears that Thailand would be the third country in the Association of Southeast Asian Nations (ASEAN) to adopt this type of change while Malaysia is apparently reviewing similar legislation.

The final draft of this proposed law remains to be seen, but it seems logical to assume that easing of corporate regulation of Thai company structures will result in increased business activity.

It should be noted that pursuant to the terms of the US-Thai Treaty of Amity, it is possible for American citizens to own virtually 100% of their companies in Thailand notwithstanding the provisions of the Foreign Business Act. It remains to be seen how these changes to the law will impact the registration of so called Amity Treaty Companies.

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.