Thailand Business and
Formation and registration of limited
companies, partnerships, branch offices, representative
offices and other corporate entities. Drafting articles
and memoranda of association. Advice on restrictions
on foreign ownership under the Foreign Business
Act and other legislation. Advice on applying for
promotional incentives to the Board of Investment
or other institutions. Advice on the rights, duties
and liabilities of directors, shareholders and auditors.
Drafting notices, agenda and minutes of meetings.
Advice on share transfer and pledging, and the appointment
and replacement of directors.
Drafting agreements relating to business
acquisition or takeover: share purchase agreements,
asset purchase agreements, joint venture agreements,
and shareholders' agreements. Assignment and novation
of existing agreements. Drafting agreements relating
to the sale, purchase, leasing, import or export
of goods. Drafting agreements for the supply of
services. Advising on tax aspects of commercial
transactions, particularly in relation to asset,
share or land acquisition or sale.
Advising foreign banks that wish to
establish a branch office or representative office,
or who wish to engage in lending activities in Thailand.
Advice concerning licenses required to conduct banking
or finance business. Representing lenders or borrowers
in relation to loan transactions, drafting loan
or credit facility agreements, guarantees, mortgages,
pledges, assignments and other security agreements.
Registration of security agreements.
Insolvency and debt
Advising debtors and creditors
in relation to insolvency or restructuring of corporate
debt. Drafting standstill agreements, negotiating
between the parties and drafting voluntary restructuring
agreements. Issuing proceedings for restructuring
under the Bankruptcy Act, on behalf of the debtor
or creditors. Representing the debtor, the creditors'
committee or individual creditors in such proceedings.
Filing proof of debt. Drafting any transactional
agreements required for debt restructuring, including:
share subscription or share transfer agreements,
documents relating to bond issue, asset transfer
agreements, new loan or credit agreements and security
agreements. Advising on the rights and duties of
the planner, the plan administrator and the Official
Advising on liability for corporate
income tax, withholding taxes, personal income tax,
value added tax, specific business tax, stamp duty,
excise duty and other taxes. Representing the taxpayer
in proceedings before the Revenue Court and appeals
from its decisions. Advice concerning international
withholding taxes and double taxation treaties.
For further information on our tax services please
click this link.
Advice on employers' and employees'
rights and duties under the Labor Protection Act
and other associated legislation. Drafting employment
agreements, contracts for services, directors' service
agreements and consultants' agreements. Advice concerning
dismissal, liability for severance pay and damages
for unfair dismissal. Advice concerning liabilities
under the Workmen's Compensation Act and the Social
Security Acts. Advice concerning income tax and
withholding taxes that arise by virtue of the employment
Advise on rights and liabilities under
the Trademark Act, the Patent Act, the Copyright
Act, the Trade Secrets Act and other associated
legislation. Applying for registration of trademarks
and patents and defending contested applications.
Drafting licensing and franchising agreements. Conducting
monitoring and investigation of counterfeiting activities,
and coordinating such action with the authorities
concerned. Representing parties in civil and criminal
proceedings relating to infringement of intellectual
Commercial and residential
developers, and buyers of residential, commercial
or industrial property including hotels and resorts.
Drafting leases and services agreements relating
to property development and leasing. Advice on planning
consents required for development, and licenses
required for factories, hotels and other commercial
businesses. Advice on tax aspects of property transfer
and leasing, including corporate income tax, personal
income tax, stamp duty, withholding taxes, land
department fees and house and land tax.
IT and e-commerce
on licenses required to operate telecommunications
and IT businesses and restrictions on foreign ownership
of such businesses. Drafting service agreements
relating to telecommunications and IT businesses.
Advising on tax and duty liabilities in connection
with such businesses.
Advice on: establishment of a company
to operate an airline, taking into account foreign
ownership restrictions; applying for the relevant
airline operating licenses; drafting or review of
agreements for the sale, purchase or leasing of
aircraft; and taxation aspects of operating an airline.
Advice on: establishment of a company
to operate shipping or maritime services, taking
into account foreign ownership restrictions; applying
for the relevant operating licenses; drafting or
review of agreements for the sale, purchase, mortgaging
or leasing of ships, boats and yachts; registration
of ship mortgages, and taxation aspects of operating
shipping or maritime services.
Wills and probate
Drafting wills in accordance with Thai law. Advice on the distribution
of an estate upon death and the rules for intestate succession, and
taxation and associated issues arising. Applying for a grant of
probate from the Thai court in order to administer an estate, and
administering an estate in accordance with the will or under the
intestacy rules. Where a will is required for assets located outside
Thailand, or there is an application for a grant of probate in a
country outside Thailand, liaising with or instructing foreign
lawyers in connection with such matters.
Marriage, divorce and family matters
Advice on the law regarding registration of marriage in Thailand.
Advice and drafting of pre-nuptual agreements in Thailand. In a case of divorce,
advising on the law and representing the Plaintiff or the Defendant in divorce
litigation in the courts of Thailand, including disputes with regard to the
division of assets, maintenance, and access and custody of children. Where
there are assets in countries outside Thailand or proceedings regarding
family matters are issued outside Thailand, liaising with or instructing
foreign lawyers in connection with such matters.
Litigation and arbitration
Conduct of proceedings before the Civil
Court, the Criminal Court, Provincial Courts, the
Intellectual Property and International Trade Court,
the Labor Court, the Revenue Court, the Bankruptcy
Court, and the Administrative Court. Conduct of
appeals to the Court of Appeals or to the Supreme
Court. The conduct of arbitration proceedings under
the Thai Arbitration Act or under international
arbitration rules such as the ICC or UNCITRAL. Enforcement
of judgments and arbitral awards.
We are able to offer accounting services
to small and medium enterprises, who are also established
clients for legal services.
United States immigration
We are associated with White & Weber Ltd., licensed American
immigration attorneys specializing in United States immigration law.
Please refer to the appropriate chapter on the Thailand Business and
Legal Guide sub-page. Clients wishing to obtain advice or representation
in this area may contact William F. White, Senior Partner by email at:
or telephone (66)(0) 2 231 6466.