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US-Thailand Treaty of Amity

The US–Thailand Treaty of Amity and Economic Relations (“Treaty of Amity”) is a cornerstone of bilateral economic relations between the United States and Thailand. Signed in 1966, the treaty grants qualifying American individuals and companies preferential treatment when conducting business in Thailand. In practice, it allows majority or wholly American-owned companies to operate in Thailand on a national treatment basis—meaning they are treated as Thai companies for most business purposes—despite Thailand’s otherwise restrictive foreign business regime. This article provides a comprehensive explanation of the Treaty of Amity , including its legal foundation, benefits, limitations, eligibility requirements, application procedures, and practical implications for US investors. 1. Legal background and purpose The Treaty of Amity was established to promote: Mutual economic cooperation Cross-border investment Commercial confidence between the US and Thailand Thailand’s general f...
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Mergers and Acquisitions in Thailand

Thailand is a mature—but idiosyncratic—market for M&A. The corporate law and deal mechanics are familiar to global lawyers and banks, but several Thailand-specific gates and practical realities (competition/merger control, takeover/tender rules, foreign-ownership limits and sector licenses) materially shape how deals are structured, reviewed and closed. This guide covers deal types and structures, the main regulatory checkpoints, transactional mechanics (due diligence, SPA drafting, tax and financing), integration points and a practical checklist for buyers and sellers. 1. Typical deal types and how they’re structured Share purchases (takeovers) — buyer acquires shares in a Thai company (private or listed). Share deals transfer the target’s whole legal entity (contracts, staff, liabilities) and are the usual route for going-concern acquisitions, but they also transfer hidden liabilities. Asset purchases — buyer buys specified assets and (usually) takes limited liabilities....
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Divorce in Thailand

Divorce in Thailand combines strict statutory formalities with flexible court discretion. Whether you’re a Thai national, an expatriate living here, or a foreign spouse with assets or children in Thailand, the practical outcome depends on choosing the right procedure (administrative vs. judicial), proving the required facts, and planning for how property, support, custody and cross-border enforcement will be handled. This guide explains the law, the step-by-step processes, likely timelines, typical evidentiary issues, and pragmatic tips to reduce risk. Two routes: administrative (uncontested) vs. judicial (contested) If both spouses mutually agree to divorce and their marriage is registered in Thailand’s civil registry, they can make a joint declaration at the local district office (amphoe or khet) and obtain an immediate administrative divorce. That route is fast, inexpensive and final for Thai-registered marriages, but it requires both parties’ in-person attendance or properly aut...
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Escrow Accounts in Thailand

Escrow is a powerful risk-management tool in Thailand for real-estate pre-sales, construction milestones, M&A holdbacks, project finance and cross-border trade. Thailand’s Escrow Act B.E. 2551 (2008) and subsequent regulations created a formal, licensed framework: escrow is not just a private bank arrangement — it’s a supervised activity with defined agent duties, licensing, segregation and insolvency protections. Below is a practical, legally-rooted guide explaining how escrow works in Thailand, who may act as an escrow agent, the agent’s duties and liabilities, practical contract drafting points, AML/FX and tax implications, dispute handling and a checklist you can use when negotiating an escrow. 1. Legal foundation and who may act as escrow agent The central statute is the Escrow Act B.E. 2551 (2008) , supplemented by ministerial regulations and later amendments that expanded supervisory powers. The Act confines who may perform escrow services (commercial banks and other auth...
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Tourist Visa in Thailand

Thailand’s tourism sector is one of the country’s economic pillars, attracting millions of visitors each year. While many foreigners can enter under visa exemption , others require a Tourist Visa (TR) to lawfully stay beyond the exemption period or to avoid entry problems at borders. Understanding the legal framework, eligibility, application procedures, extensions, and risks is essential for both casual travelers and those planning longer visits. This article provides an in-depth guide to the Thai Tourist Visa , based on the Immigration Act B.E. 2522 (1979), ministerial regulations, and real-world practices of Thai embassies and consulates. 1. Legal Framework 1.1 Governing Law The Immigration Act B.E. 2522 (1979) is the principal law regulating entry and stay of foreigners in Thailand. Tourist visas are authorized under ministerial regulations issued by the Ministry of Foreign Affairs (MFA) and enforced by the Immigration Bureau . 1.2 Purpose The Tourist Visa (TR) is i...
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Representative Office in Thailand

A Representative Office (RO) is a form of foreign business presence in Thailand designed for non-revenue-generating activities. It allows a foreign company to engage in specific, limited operations to support its head office abroad, without directly conducting sales or earning income in Thailand. The concept is regulated under the Foreign Business Act B.E. 2542 (1999) (“FBA”) and related Ministry of Commerce (MOC) regulations. 1. Legal Basis and Regulatory Authority Primary Law: Foreign Business Act B.E. 2542 (Sections 4, 7, 14–17). Responsible Authority: Department of Business Development (DBD), Ministry of Commerce. Relevant Ministerial Regulations: Prescribing types of permitted RO activities and application procedures. Under the FBA, foreign entities may not engage in restricted businesses without a Foreign Business License (FBL) . A Representative Office is considered a restricted form of “service business” but can obtain an FBL for its permitted activities mor...
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Company Registration in Thailand

Thailand, with its strategic location, developing economy, and attractive incentives, continues to be a compelling destination for foreign investors. However, establishing a legal entity in the Kingdom requires a thorough understanding of its corporate laws, nuanced regulations, and specific procedural steps. This article delves into the intricacies of company registration in Thailand, providing a detailed roadmap for entrepreneurs seeking to establish a robust and compliant presence. Understanding Business Entities and Foreign Ownership Limitations The bedrock of company registration in Thailand lies in selecting the appropriate legal structure. While several options exist, the Private Limited Company (often referred to as a "Thai Limited Company") is the most common and generally recommended for foreign investors due to its limited liability features. A critical aspect for foreign entrepreneurs is the Foreign Business Act B.E. 2542 (FBA) . This legislation bro...
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