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Tips for Foreign Secured Creditors in Thailand: Requirements for Registration of Securities and Additional Conditions

This newsletter is the fourth one in a series of newsletters written jointly by lawyers in SCL Nishimura (Bangkok) and Nishimura & Asahi (Tokyo) that will cover various topics in finance related matters in Thailand. This newsletter explains major issues for foreign creditors to take and enforce security interest in Thailand.

*This article is also available in Japanese.

It is also available in PDF.
Finance Law Newsletter / Asia Newsletter (June 29, 2020) (987KB / 6 pages) Download PDF [987 KB]

Authors

五十嵐 チカ

Chika Igarashi is a partner at Nishimura & Asahi specializing in the fields of (i) Banking and Financial Regulations. Chika also has extensive experience in advising a wide range of corporations on (ii) the countermeasures for AML/CFT (anti-money laundering/countering financing of terrorism) and foreign economic sanctions, including OFAC regulations; (iii) data privacy; (iv) global compliance and governance, including the establishment and implementation of whistleblowing and internal control systems; and (v) dispute resolution and crisis management involving cross-border aspects for corporate clients. She also advises corporations doing business in (vi) Africa and the Middle East.

西谷 和美

Kazumi Nishitani has wide-ranging expertise in finance, especially in the renewable energy sector. She has been involved in numerous cross-border renewable energy transactions as lenders’ counsel, provided advice to foreign investors considering entry into the Japanese renewable energy market, and she has extensive experience with cross-border finance projects, including matters such as natural resources, power production, and infrastructure, among others.

ナッタロス・タンプラシ

Nuttaros Tangprasitti specialises in corporate and commercial law. She regularly assists both international and domestic corporate clients (limited liability companies and partnerships, stock corporation in several industries) on the relevant laws of Thailand, which includes foreign direct investment, legal due diligence, M&A and cross-border M&A, joint venture, compliance, banking and finance. In addition to supporting clients on the above and a multitude of different legal formalities, she also has expertise in advising on various investment promotion policies of the Board of Investment (BOI), as well as compliance with foreign business, other laws on salient points for shareholders and joint venture agreements, which includes laws on immigration and foreign work under Thai law. Nuttaros speaks at many seminars and takes an active role in educating the clients on issues relevant to their businesses and her practice areas. She also writes various articles and newsletters on cutting-edge topics in several legal areas, which are widely distributed to existing and potential clients. Nuttaros aims to ensure the lawyers on her team are constantly developing and upgrading their skills, to ensure they meet or exceed the high professional standards of Nishimura & Asahi. She is committed to ensuring that both she and our firm deliver top-quality services to our clients and strong internal support for our colleagues. She recently began drafting a manual on several aspects of Thai law, as part of an “Investment promotion scheme,” and also wrote several newsletters on corporate law, and banking and finance laws. She also recently authored an article on the impact of Tax Reduction for Land and Buildings, which received excellent feedback from our clients, particularly those who are land and building owners. Nuttaros is committed to building a strong and progressive corporate and commercial practice, which also incorporates tax law, by adapting to new ideas in the legal industry.

ナットラダ・ルアンウッティティクン

More than 6 years of experience engaging with SCL Nishimura & Asahi in Bangkok. Currently working in practice of finance, corporate and commercial (e.g. commercial contract drafting, full scale of corporate works: business incorporation, dissolution & liquidation, business and asset restructuring, M&A such as entire business transfer: EBT, partial business transfer: PBT, amalgamation, share subscription, share purchase, joint venture, and legal due diligence). Also, engaging in several speaker events as well as being visiting lecturer for Thai universities, namely, Bangkok University and Chiangmai University. 

 

Graduated Master's Degree (LL.M.) in International Tax Law and EU Tax Law from Uppsala University, Sweden, under the offer and award from the Swedish Institute Study Scholarships 2017 (SISS), and LL.B in Business Law Major from Chulalongkorn University with honour. 

 

Also, interested in business trends, investment, economics, cryptocurrencies and Web 3.0’s on-going global trend and its development e.g. blockchain, tokenomics and etc.