World Bank:Thailand ranks 12th/183 for ease of doing business

May 24 2010 Categories: Thailand Company Registration No comments yet

According to the yearly study of the World Bank “Doing Business 2010″ Thailand ranks 12th out of 183 friendly countries to do business. As a professional which role is to assist foreign investors doing business in Thailand I should welcome any such survey. I mean the friendlier Thailand looks to foreign investor the better it is for my business.

Note that tomorrow I will conclude with my “Buying a Business” posts series

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Originally posted 2009-09-10 03:28:25.

Doing Business In Thailand: The Nominees Issue (part 1)

May 24 2010 Categories: Doing Business In Thailand, Thailand Business 2 comments

Note: This post is not entirely new. This subject was first posted as a Page called “Nominee Issue”. I’m about to modify the look of the blog and decided that some of the subjects discussed in pages would now be treated as posts. Of course I updated the content of this post to reflect the current situation.

The “Thai Nominee” issue is the more acute problem of foreign investment in Thailand and we will discuss here the many aspects of this problem.

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Originally posted 2009-10-12 01:18:43.

Doing Business in Thailand: Global Corruption Barometer 2009

May 24 2010 Categories: Doing Business In Thailand, Thailand Business No comments yet

In today and tomorrow post I will comment on the Global Corruption Barometer 2009 just published by the World Bank. Overall, 70 countries were surveyed, 12 of which are Asian countries (Brunei, Cambodia, Hong Kong, India, Indonesia, Japan, Malaysia, Pakistan, Philippines, Singapore, South Korea).

Read more…

Originally posted 2009-09-30 04:55:13.

Thai Corporate Documents – The Statutory Meeting

May 24 2010 Categories: Thailand Business, Thailand Company Registration No comments yet

In a previous post I explained step by step the formalities to incorporate a Thai Limited Company. Many readers have contacted me to request whether I could also post the english translation of Thai Limited Company most important documents for information. After the Memorandum of Association (please see previous post) please see below a translation of the Minutes of the Statutory Meeting. Please note that this is an unofficial translation only.

Read more…

Originally posted 2009-09-04 07:35:27.

Doing Business Thailand | Iphone Application on Itune Store

May 24 2010 Categories: Doing Business In Thailand, Thailand Business No comments yet

Hi just to remind you that you may from now on read DoingBusinessThailand blog on your iphone. The application can be downloaded for free on Itune Store.

 

Originally posted 2010-01-27 03:44:29.

Thailand BOI: Promoted Activities: Metal, Machinery,Transport

May 24 2010 Categories: Thailand BOI, Thailand Business No comments yet

What are the activities eligible for promotion under section 4 of the BOI list?

Reminder: As you already know the Board of Investment is the agency in charge of promoting certain sectors of Thai economy. As such the BOI role is among other to determine:

What are the activities which are eligible for promotion

What are the conditions attached to said promotion

What are the privileges attached to said business activity

Read more…

Originally posted 2009-08-05 14:46:31.

Doing Business in Thailand: The Nominee Issues (Part 2)

May 24 2010 Categories: Doing Business In Thailand, Thailand Business 2 comments

Note: This post is not entirely new. This subject was first posted as a Page called “Nominee Issue”. I’m about to modify the look of the blog and decided that some of the subjects discussed in pages would now be treated as posts. Of course I updated the content of this post to reflect the current situation.

This post is a continuation of my previous post on the nominees issue and i will try here to explain how  does one make the distinction between a real shareholder on a nominee.

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Originally posted 2009-10-13 03:15:26.

Corporate: Disclosure requirement of Thai shareholders

May 24 2010 Categories: Thailand Business, Thailand Company Registration No comments yet

What is the disclosure requirement?

The disclosure requirement was one of the measures taken by the Thai Government to avoid the use of Thai nominees by foreign investors. Since August 14th 2006, the Department of Business Development is compelled to require at time of incorporation of a company that the company Thai shareholders justify the source of their investment if certain circumstances are met.

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Originally posted 2009-07-24 10:40:28.

Business Registration: Company Registration Step by Step

May 24 2010 Categories: Thailand Business, Thailand Company Registration one comment

The private limited company is the legal vehicle that is the most commonly used by foreign investors in Thailand and we will hereinafter review the formalities of registration of a private limited company. In this article we will only review the conditions of incorporation of a Private Limited Company to the exclusion of nominees and Thai/foreign shareholders ratio which are discussed in other posts. [This post replace our previous post on the subject “How to register a company step by step”.

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Originally posted 2009-10-20 07:09:45.

Starting a Business in Thailand (4): Land Development

May 24 2010 Categories: Doing Business In Thailand, Thailand Business one comment

Land Development is an activity that attracts many foreign investors in Thailand. I often wonder why because it is really a tricky activity to invest into if you are a foreign investor for several reasons as follows:

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Originally posted 2009-11-10 06:17:05.

Investing in Thailand: Nominees Issue, the witch hunt?

May 24 2010 Categories: Doing Business In Thailand, Thailand Business, Thailand Foreign Business Act No comments yet

The hot potato of the moment is the Thai Nominees issue and there has not been one day for the past two weeks without an article or another in Thai press on the subject.

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Originally posted 2009-09-02 05:51:07.

Starting a Business in Thailand | What are the Keys to Success?

May 24 2010 Categories: Doing Business In Thailand, Understanding Thailand No comments yet

The key to success when doing business in Thailand will be “understanding”, and you cannot arrive in Thailand and immediately jump into the fray because you will inevitably fail.

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Originally posted 2010-02-01 00:33:01.

Thai Private Limited Company: Preference Vs Ordinary Shares

May 24 2010 Categories: Doing Business In Thailand, Thailand Company Registration No comments yet

Preference Shares are opposed to ordinary shares. In Thailand, ordinary shares like in most countries entitle their holders to a share of ownership of the company including a voting right (1 vote per share) and a right to the company dividend or the company benefit of liquidation.

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Originally posted 2009-11-24 03:04:41.

Investing in Thailand: Prohibited or controlled businesses

May 24 2010 Categories: Thailand Foreign Business Act No comments yet

What is the Foreign Business Act?

The Foreign Business Act B.E. 2542 (A.D.1999) (“FBA”) was enacted on March 4, 2000 to replace the Alien Business Act of 1971. The FBA does not regulate the entire matter of foreign investment in Thailand. The FBA purposes are:

  1. to define businesses activities, which exercise by foreigners, is prohibited or controlled and
  2. to define what a foreigner is.

Read more…

Originally posted 2009-07-21 08:54:44.

Corporate: Incorporating a Thai Company Step by Step

May 24 2010 Categories: Thailand Business, Thailand Company Registration No comments yet

Why review the private limited company set-up?

The private limited company is the legal vehicle that is the most commonly used by foreign investors in Thailand that is why we will review hereinafter the formalities of registration of a private limited company.

Read more…

Originally posted 2009-07-24 11:17:21.

Thailand:Labor protection

May 24 2010 Categories: Doing Business In Thailand, Thailand Business No comments yet

How well are Thai employees protected in Thailand?

Yes they are well protected by the Labor Protection Act (1998) that applies to all businesses with at least one employee and which provide sanctions for employers who disregard the law.

The Labor Protection Act has been recently amended and the new amended act has been enforced in 28 May 2008. The new Act contains provision to protect indirect or outsourced workers and to empower the Courts to order an amendment of employment contracts, work rules, regulations or orders that are not fair.

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Originally posted 2009-08-06 03:09:51.

Starting a Business: Cost of Social Security Contribution

May 24 2010 Categories: Doing Business In Thailand No comments yet

Any employees between 15 to 60 years old and their employers must make monthly contribution to the social security. Now what are the exact costs of social security in Thailand?

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Originally posted 2009-12-13 09:45:23.

Thai Corporate Documents – The Articles of Association

May 24 2010 Categories: Doing Business In Thailand, Thailand Business, Thailand Company Registration No comments yet

 

 

This is the third of a series of posts about Thai private limited company corporate documents translated in English.

The articles of associations of your company are another important corporate document of your company. As a matter of fact the decision on the content of the company articles of associations is actually taken during the statutory meeting.

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Originally posted 2009-09-07 10:22:26.

Buying a Business in Thailand – General Issues to Consider

May 24 2010 Categories: Doing Business In Thailand, Thailand Business No comments yet

I  have made a lot of posts about starting a business in Thailand but I never discussed the issues that need to be addressed when buying a business. In this post I will first address some general issues to consider before buying a business in Thailand

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Originally posted 2009-09-08 09:45:55.

Thai Corporate Documents – The Memorandun of Association

May 19 2010 Categories: Thailand Business, Thailand Company Registration No comments yet

In a previous post I explained step by step the formalities to incorporate a Thai Limited Company. Many readers have contacted me to request whether I could also post the english translation of Thai Limited Company documents for information. Today and the next few days I will post the translations of the main corporate documents of a Thai Private Limited company. Please note that this is an unofficial translation only.

Read more…

Originally posted 2009-09-03 14:40:40.

Thailand BOI: Promoted Activities: Mining, and Base Metals

May 19 2010 Categories: Thailand BOI, Thailand Business No comments yet

What are the mining and base metals activities eligible for promotion under section 2 of the BOI list?

Reminder: As you already know the Board of Investment is the agency in charge of promoting certain sectors of Thai economy. As such the BOI role is among other to determine:

What are the activities which are eligible for promotion

What are the conditions attached to said promotion

What are the privileges attached to said business activity

Read more…

Originally posted 2009-08-03 07:09:13.

Starting a Business in Thailand (5): The Keys to Success

May 19 2010 Categories: Doing Business In Thailand, Thailand Business one comment

A reader told me the other day that my series of “starting business in Thailand” was a bit skeptical as if I was marked by doubt that it was possible to do business successfully in Thailand.

Not at all, Thailand is as good a place to do business as any other. What I’m trying to convey in this series of articles is that investors should not expect miracles because they will be confronted to 3 problems.

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Originally posted 2009-11-12 02:41:19.

Foreign Ownership: Ownership Ratio Table |

May 19 2010 Categories: Doing Business In Thailand one comment

In this post I tried to make a table that shows for each type of activities the percentage of foreign ownership allowed in Thailand. This kind of exercise is always difficult because there are so many variables applicable that the table format is not always ideal. Anyway this is a work in progress and we will try to improve the presentation over the next weeks.

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Originally posted 2009-11-17 04:56:52.

Doing Business in Thailand: Minimal Capital Requirements

May 19 2010 Categories: Doing Business In Thailand, Thailand Business, Thailand Company Registration 3 comments

There is a lot of confusion as to minimal capital requirements when doing business in Thailand and I will try to clarify this issue in this post.

  Read more…

Originally posted 2009-09-28 05:31:43.

Australian Thailand Foreign Free Trade Agreement (1)

May 19 2010 Categories: Doing Business In Thailand, Thailand Foreign Business Act 3 comments

Many countries are currently negotiating Free Trade Agreements with Thailand and the citizens of those countries are waiting impatiently for the benefits they will get out of these free trade agreements. Hopefully, they will finally be able to invest in Thailand without having to make allegiance to “You-Know-Who”  “He/She-Who-Must-Not-Be-Named” that is to say the Thai Wife, Boyfriend or the Thai shareholder that may be deemed a nominee.

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Originally posted 2009-11-09 05:26:48.

Company Criminal Liability: May a Company be Prosecuted?

May 19 2010 Categories: Thailand Business, Thailand Company Registration No comments yet

While companies are juristic persons and cannot be as such subject to the punishment of imprisonment it does not mean that a company may not be prosecuted for a criminal offence in Thailand. To the contrary, companies may be prosecuted the same way as individuals.

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Originally posted 2009-12-15 10:20:04.

Business Registration: The Representative Office

April 21 2010 Categories: Thailand Business, Thailand Company Registration No comments yet

The first option available to a foreign investor who wants to start a business in Thailand is to register a non-trading legal vehicle (for example Representative Office). Hereinafter we will discuss the characteristics on Non-Trading Legal Vehicles the most common of which is the Representative Office. [this post is an updated version that replace one of my first posts]

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Originally posted 2009-10-15 00:09:26.

Starting a Business in Thailand (1): The basics

April 17 2010 Categories: Doing Business In Thailand, Thailand Business No comments yet

They are more than a few Tom, Dick and Harry that come to do business in Thailand armed with a “colonial” false sense of superiority. This is a mistake, even if Thailand did not yet achieve European, Japanese or US standards in all matters do not be mistaken about it. Thailand is a developed country. At least economically, politically that is a story for another day.

  Read more…

Originally posted 2009-11-03 08:15:01.

Investing in Thailand: What is BOI promotion?

February 1 2010 Categories: Thailand BOI, Thailand Business 2 comments

What is the BOI?

The Board of Investment or BOI is an agency set-up by the government to provide investment incentives to foreign or local investors that invest in promoted or priorities activities.

The two main objectives of the BOI are to decentralize Thailand Industrial’s base and to attract special types of investment (priority activities). Read more…

Originally posted 2009-07-21 12:51:10.

Doing Business in Thailand: Local Corruption Barometer

February 1 2010 Categories: Doing Business In Thailand No comments yet

According to the Bangkok Post, Assumption University and the Public Sector Anti-Corruption Commission have jointly polled 2,129 people on the issue of corruption in Thai society.Hopefully, the entire results of this survey will be published soon, but some interesting elements of the survey have already been revealed by the Bangkok Post.

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Originally posted 2009-11-20 10:24:24.