khai-fah-1

The “Khai Fah”– Updates Regarding the Sale with Right of Redemption in Thailand

Thai law provides a means of real security and an alternative to the mortgage, the so-called Sale with Right of Redemption (Thai: “Khai Fah”). It is governed by Sections 491 ff. of the Thai Civil and Commercial Code (“CCC”), and it involves a conditional transfer of ownership that can be redeemed under certain circumstances. Recently,…

Cryptocurrencies

Legal Regulations and Tax Implications of Cryptocurrencies

In times of economic uncertainty and growing loss of confidence in fiat currencies, cryptocurrencies like Bitcoin or Ethereum are among the most discussed alternatives to established currencies. This article intends to provide a brief overview of legal regulations and tax implications of cryptocurrencies in Thailand. General Situation with regards to cryptocurrencies in Thailand: According to…

How to dissolve a company

Company Dissolution in Thailand

Dissolution is the process of de-registering a company from the company registry at the Department of Business Development (“DBD”). When considering the life cycle of a business operation, the voluntary dissolution by the shareholders appears to be the usual way to end the company’s operations. There are several circumstances that will lead companies to the…

Bankruptcy Proceedings

Bankruptcy Proceedings and Business Reorganization in Thailand

Bankruptcy is a legal proceeding involving a person or business that is unable to repay their outstanding debts, while reorganization is a process where a company establishes and implements a plan to organize its debts, capital, fundraising as well as management and exploitation of the company’s property.  The proceedings for both of these procedures are…

Property

New Land and Building Legislation in 2020

After an extensive legislative process, the National Legislative Assembly (NLA) has recently passed the new Land and Building Act (the “Act) comprising 94 Sections and introducing a new system on property taxation. With its announcement in the Royal Gazette, the Act will replace the old and outdated Land and House Tax Act B.E. 2475 (1932)….

Visa amnesty

Visa amnesty to end on September 26th and another extension is unlikely

Visa amnesty for foreigners in Thailand, which has been extended since April of 2020, was further extended to September 26th, 2020. This extension was described as “final” by the Cabinet and another extension seems highly unlikely.   The visa amnesty, which was originally due to expire on July 31st was further extended until September 26th, 2020, allows foreigners to stay in Thailand without having to extend visas…

The minimum number of shareholders in an LLC

The Draft amendment of the Civil and Commercial Code: The minimum number of shareholders in an LLC

On June 23rd, 2020, the Thai Cabinet approved a Draft Act which will amend the Civil and Commercial Code, with regards to the establishment of limited companies. The Act aims to make it easier for individuals to set up limited companies and facilitate the establishment of new businesses, SMEs, and start-up enterprises to stimulate the…

Thailand's Export

Thailand’s Export Procedures

All goods exported from Thailand are required to be reported to the Customs Department and are subject to customs controls. The steps for exporting goods from Thailand are as follows: Step 1 – E-Customs system registration Since 2007, Thailand’s export procedures have been centralized into the online E-Customs system. To register for the E-Customs system,…

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