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The Asia Region Funds Passport in Thailand: Rules & Registration Procedures

This newsletter discusses the applicable rules and procedures concerning registering and offering in Thailand, as a Host economy, of a cross-border collective investment scheme (“CIS”)  established in a foreign jurisdiction via the Asia Region Funds Passport (“ARFP”), a multilateral framework intended to promote the development of a funds management industry in Asia and other signatory economies, i.e. Australia and New Zealand, by way of market access improvements and regulatory harmonization.  Thailand signed the ARFP Memorandum of Cooperation (“MOC”) in 2016 (along with Australia, Japan, New Zealand, and the Republic of Korea).  
In order to sell a registered ARFP-CIS (“Passport Fund”) within other MOC signatory economies, it must comply with the ARFP criteria (“Passport Rules ”), which define, among other things...To read the full article, please see the PDF file

*This article is also available in Japanese.

It is also available in PDF.
Finance Law Newsletter / Asia Newsletter (October 25,2021)(323 KB / 8 pages) Download PDF [347 KB]

Authors

本柳 祐介

Yusuke has a wealth of experience in the areas of capital raising by corporations, the formation of investment funds, and investments in investment funds, in transactions of all sizes, both domestically and internationally. In the field of capital raising, he has an extensive and excellent track record in the issuance of shares by financially distressed listed companies. In regard to fund formation and fund investment, he is constantly involved in numerous transactions, and advises not only on the legal aspects of those transactions, but also on market standards. He also provides advice on a wide range of financial regulations, including those in new fields such as fintech. His advice includes providing guidance on registering or filing notifications required for conducting finance-related business, analyzing new finance-related businesses, and establishing/reviewing the internal compliance rules/systems of his clients. Recently, he has become more involved in blockchain- and token-related matters, including not only those in the finance sector, such as fundraising by issuing crypto assets, listing crypto assets on domestic and foreign exchanges, and other crypto asset-related transactions, but also those in areas outside the finance sector.

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.

ティティ・ホムジャボク

Thiti has an extensive record representing clients in various type of real estate development project, i.e. residential, commercial, and manufacturing aspect. His works include, among others, establishment of housing project, condominium, hotel, commercial, factory, industrial estate and REIT. His works also expand to the field of compliance aspect relating to real estate development such as property tax, factory licenses, environmental compliance for real estate development project for residential, commercial and manufacturing site. He has been representing two of the largest retail & wholesale operators in Thailand for its aggressive expansion across country. Moreover, his expertise also includes new business of data center development, energy plant, commercial ports and land acquisition as well.