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Thai Regulation on Foreign Companies (1/2) Business Operation under the Foreign Business Act

This newsletter is the sixth one in a series of newsletters written jointly by lawyers with SCL Nishimura (Bangkok) and Nishimura & Asahi (Tokyo) that cover various finance related matters in Thailand.
This newsletter provides general information for foreign investors who wish to operate a business in Thailand, including whether their business would fall under the scope of the Foreign Business Act, and describes the restrictions thereunder.

*This article is also available in Japanese.

It is also available in PDF.
Finance Law Newsletter / Asia Newsletter (September 3, 2020) (882 KB / 8 pages) Download PDF [883 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.

芝 章浩

Akihiro Shiba represents a wide range of clients, including numerous financial institutions and FinTech firms, within and outside Japan, in connection with licensing, compliance and other regulatory matters (such as those related to banking, securities, derivatives, and payments regulations, FDI restrictions, and AML/CFT/CPF requirements), and domestic and cross-border financial transactions (including those related to structured finance and asset management). Since 2014, his practice has focused on various FinTech matters, including those involving various digital tokens (such as cryptocurrencies, securities tokens, stablecoins, and NFTs), online platform-based financial transactions (like social lending and other crowdfunding), and online remittance and payment services (such as mobile payments). He has written numerous books and articles, and given many seminars and lectures, on subjects relevant to his practice areas.

山本 俊之

Since 2009, as an attorney in the firm’s finance team, Toshiyuki has been handling various financial transactions and financial regulatory/compliance matters, with a focus on asset management and derivatives, his main practice areas. He advises both domestic and foreign asset managers, financial institutions, and corporates on financial regulation matters in the asset management and derivatives spaces, as well as on contract drafting, regulatory analyses, and development of internal controls for new product launches. Further, he has been involved in numerous cross-border finance transactions and investment transactions by fund operators. Recently, his practical experience expanded to the FinTech space, such as digital securities, and he has been publishing articles and giving presentations on artificial intelligence/machine learning in relation to finance industries. In addition to finance matters, he has extensive experience in handling regulatory defense matters and foreign class actions in cooperation with foreign law firms. Prior to being registered as an attorney-at-law in 2009 and joining the firm, he worked at a Japanese credit rating agency and the Tokyo arm of a U.S. investment bank as a credit analyst in the securitization space. He is a Certified Member Analyst of the Securities Analysts Association of Japan and a Certified International Investment Analyst.

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.