Legal Section - Doing Business
You will find here a series of summaries providing an overview of useful legal regulations, processes and legal issues for Doing Business in Thailand.
Updated DBD Data Warehouse
The Department of Business Development (DBD), Ministry of Commerce, keeps records of certain information, such as company affidavits and financial information, for Thai legal entities, and the public can browse its “data warehouse” website and see this information. Previously, this information was only in Thai, so it was not very useful for foreign investors. However, the DBD recently updated the data warehouse, and some information is now available in English.
Criteria for Defining ‘Related Legal Entity’
Currently, the Foreign Business Act allows a company with foreign ownership of 50% or more to conduct the following businesses with its related legal entities, without being required to have a foreign business licence: providing loans in Thailand, leasing office space with utilities, and providing advice and suggestions on administration, marketing, human resources, and information technology.
Remittance of minimum capital – Treaty of Amity
According to Ministerial Regulation (No.3), 2552 B.E. (2009), a foreigner conducting business in Thailand by virtue of a bilateral treaty or agreement to which Thailand becomes a party, i.e. The Treaty of Amity and Economic Relations Between the Kingdom of Thailand and the United States of America, must bring or remit a required minimum capital into Thailand within the period prescribed.
Further relaxation of the Foreign Business Act
Ministerial Regulation setting out the activities that do not require permission (No. 4), 2562 B.E. (2019), was published in the Royal Thai Government Gazette effective 25 June 2019.
Personal Data Protection Act Published
The Personal Data Protection Act, 2562 B.E. (2019) (“PDPA”) was published in the Royal Thai Government Gazette on 27 May 2019. The PDPA will come into force one year after the published date, except for provisions related to the Committee of Personal Data Protection and its office which became effective on 28 May 2019.