Investments & Company Formation
For over two decades lawyers at Analytics have worked with foreign parties in establishing private limited companies in Thailand. Analytics knows the nuts and bolts of setting up a company and can handle that work effectively and efficiently.
Analytics can also provide Corporate Secretarial Services at a cost-effective rate after that company is formed. But most important, Analytics understands and can address what is often the most difficult challenge to an a investment in Thailand, the Foreign Business Act (“FBA”).
Analytics understands the challenges of the FBA, has written countless articles on the FBA and knows how to address the challenges created by the FBA in a competent fashion.
- Foreign Ownership of Land Under Consideration (Again)The Bangkok Post is reporting that the Thai government is again considering opening up land ownership to foreigners in Thailand. Foreigners are generally prohibited from owning land in Thailand, and this often comes as a surprise to foreigners from more open and developed jurisdictions where there are no such restrictions. Not surprisingly, this is generating ...Read more
- Thailand to Join Talks on the Indo-Pacific Economic FrameworkThe Thai government announced it will join other countries in negotiating rules and procedures for the Indo-Pacific Economic Framework (IPEF). According to Nikki Asia: “he Thai cabinet approved Tuesday a statement notifying the U.S. of its participation in the negotiations.” This is a historic stride by the current U.S. administration to restore American leadership in ...Read more
- Sanction Tracker – RussiaAs part of our compliance and international trade practice, we strongly encourage all of our clients and other interested parties to take appropriate measures to determine if they are directly or indirectly doing business with any party subject to the sanctions that have been imposed against Russia. You can view Correctiv’s sanction tracker here. We do ...Read more
- Thailand’s New Credit Term RegulationBy Douglas Mancill and Nat Uawithya The Policy Rationale Behind Thailand’s Credit Regulation Negotiated terms between commercial parties of equal bargaining power are generally considered better than dictated terms. But regulatory authorities don’t always agree. Last year Thailand’s Trade Competition Commission (“TCC”) promulgated a credit terms regulation (the “Regulation”) intended to protect small-to-medium size enterprises (“SME”) from what it ...Read more
- New Service Added: Work Permits and VisasThrough new additions, Analytics will now offer work permit and visa services to existing clients and parties that retain the firm for corporate formation work. Because the fees for these services will be heavily discounted (e.g., fees for work permits could be as low as several hundred dollars), these services will only be provided to ...Read more
- Thailand Falls Another Three Places on Transparency International’s Corruption IndexThailand ranked 104th among 180 countries surveyed, down from 101st a year earlier, with an overall score of 36 out of 100. The higher the ranking the greater the perception of corruption, and the lower the score, the higher the perception of corruption. Although there have been minor changes, Thailand’s ratings on Transparency International’s Corruptions ...Read more
- Airbus Corruption Probe Likely to ContinueAlthough the Trump administration unexpectedly imposed record fines under the Foreign Corrupt Practices Act (“FCPA”), it also initiated “fewer and fewer new FCPA investigations”. The National Law Review reports that it expects the incoming Biden administration to “continue the trend of increasing FCPA enforcement settlement values, while also increasing the pace of initiating new FCPA ...Read more
- Conducting Corruption Compliance Interviews Abroad – ThailandForeign Corrupt Practices Act (“FCPA”) investigations typically involve third parties or subsidiaries located outside the US since most FCPA violations arise out of the activities of foreign third parties or foreign subsidiaries. But most guides on how to conduct FCPA investigations and interviews seem to ignore this rather obvious fact. It has not however escaped the attention of ...Read more
- Thai to Seek Extension to File Bankruptcy Reorganization PlanThai Airways International Plc (“Thai”) will seek an extension to submit a bankruptcy rehabilitation plan from the end of this year until February of 2021. This could change. To recap Thai’s own history of the bankruptcy reorganization proceedings filed on behalf of or by Thai thus far: 26 May 2020 – Thai submitted a petition to enter bankruptcy ...Read more
- Draft Regulations Provide for Some Relaxation of the Foreign Business ActThe primary restriction on foreign ownership of businesses in Thailand is set out in the Foreign Business Act (“FBA”). To legally engage in activities restricted under the FBA, an alien company must obtain a Foreign Business License (“FBL”) or a Foreign Business Certificate (“FBC”) from the Department of Business Development of the Thai Ministry Commerce ...Read more
- Effective and Persuasive English Language Advocates for Disputes in ThailandInternational arbitration is the best way to resolve cross border disputes. If the arbitration is conducted by a truly international arbitration institute, such as the Singapore International Arbitration Centre or the Thailand Arbitration Centre (THAC), the arbitration can be conducted in English, provided the arbitrator and counsel are capable of handling the proceedings in English. ...Read more
- High Level Overview of Steps Required to Register a Private Limited Company in ThailandThe steps required to establish a private limited company in Thailand are: Reservation of Name The first step involved in establishing a Thai company is to file via online an application to register the company’s proposed name(s) with the Registrar (the Registrar) of the Partnerships and Companies Registration Office, Department of Business Development (DBD), Ministry of Commerce. Within ...Read more
- Practical Tip on Arbitration Clauses for Thailand that Allows You to Have Your Cake and it Too.There is little dispute that international arbitration is the best way to resolve cross-border disputes. A 2018 International Arbitration Survey carried out by Queen Mary University of London in partnership with the White & Case law firm demonstrates that international arbitration is the accepted and expected means of resolving cross border disputes. The survey reports that 97% of the ...Read more
- Higher Returns for Property, Tourism, Entertainment, etc. Sectors After Pandemic EndsHigher Returns in Tourism, Property, etc., after the Pandemic Ends The Bangkok Post reported on 20 November 2020 that “Thailand’s biggest manager of distressed assets is bracing for another difficult year in 2021, as the economy faces more headwinds from the pandemic”. This article goes on to quote Bungyong Visatemongkolchai, the chairman of Bangkok Commercial Asset ...Read more
- Top 12 Things to Keep in Mind When Planning on Doing Business in ThailandThe top 12 things to keep in mind when planning to do business in Thailand: 1. Foreign Ownership of Companies and Land: This is often a surprise for business people and lawyers operating in more open economies, but foreigners are prohibited from owning land (absent narrow exceptions) and foreign majority owned businesses are prohibited from engaging in a ...Read more
- Facing the Foreign Business ActTo legally engage in activities restricted under the FBA, an alien company must obtain a Foreign Business License (“FBL”) or a Foreign Business Certificate (“FBC”) from the DBD. This is often easier said than done, but there are some exceptions.Read more
- Serious and Real Reform of the Thai FBA is Overdue.The Bangkok Post reported on 21 May 2018 that the foreign business community is (again) pressing for reform of the Foreign Business Operations Act (FBA). We are seeing that again now. Reform is absolutely necessary, but the foreign business community needs to look carefully at reform proposals, because many past proposals, if they had been enacted, would have made ...Read more
- A Perfect Storm For Thailand’s Tourism SectorPfizer and BioNTech have announced the development of a vaccine that is over 90% successful in preventing Covid-19. This should open investment opportunities in Thailand, particularly in Thailand’s tourism sector. Thailand’s tourism sector and much of its economy has been in a slump since the Thai government took stringent measures to prevent the spread of Covid-19 in Thailand. Thailand’s ...Read more
- The Not So Simple Amity Treaty Exception to the Foreign Business ActThailand’s Foreign Business Act, B.E. 2542 (FBA), which repealed and replaced a decree issued by the Thai government in 1972 known as NEC 281 (often also referred as the “Alien Business Law”), provides that “alien companies” – defined solely in terms of foreign share ownership – are not permitted to engage in a wide range ...Read more
- The Controversy Over Proposed Changes to the Foreign Business ActOver the last several months the local and international press have carried articles about foreign chambers of commerce and embassies appealing to the Thai government to rethink the draft changes to the Foreign Business Act, B.E. 2542 (FBA), arguing these proposed changes to Thai law will hurt future and existing foreign investors and violate Thailand’s ...Read more