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Thai Regulation of Fintech Business - Basic regulations concerning payment systems & digital asset businesses

Much like in the rest of the world, digital disruptions have pushed Thai entrepreneurs to develop various offerings involving Fintech: the combination of “finance “ and “technology” used to denote where the latter has been applied to the prior in the provision of enhanced banking or other financial services. For instance, Fintech may reference a new platform for, among others, internet banking through QR Code, an online market place (including a peer-to-peer lending platform), other matchmaking platforms (such as a digital exchange involving cryptocurrency and digital tokens) or the like. Accordingly, Thailand has enacted several laws and regulations for certain types of money and finance businesses which may impact public interest, especially those involving, e.g., electronic payment systems or digital...To read the full article, please see the PDF file

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Finance Law Newsletter / Asia Newsletter (May 28, 2020) (1.07 MB / 11 pages) Download PDF [1.07 MB]

Authors

谷澤 進

After earning his LL.M. at Vanderbilt University Law School in the U.S., he worked as a secondee at a NY office of a leading Japanese bank and the Tokyo office of an international investment bank. Upon returning to N&A, he developed an extensive track record in a broad range of finance matters, including financial regulations, capital markets (especially REIT), ship finance, M&A in the financial sector, compliance, and communication with financial authorities. He is one of the main members of our FinTech practice team and has extensive experience with respect to FinTech-related matters, and has advised a wide variety of clients, ranging from traditional financial institutions to start-ups. He also has particular expertise in regard to the payment space. In addition, he advises clients on financial regulations in M&A transactions involving financial institutions, and has experience in a broad range of cross-border matters, including inbound and outbound transactions.

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.