Corporate law is both sophisticated and complicated in Thailand. There are a variety of company structures, from the very simple to the very complex. Knowing all the different types of business structures and the choice between them is essential knowledge that is required before setting up a business in Thailand.
Corporate law also deals with ownership rules affecting non-Thai shareholders which are not straight forward.
THE LAW:
Corporate law is governed by a lot of legislation, notably Foreign Business Act B.E. 1999, and many Ministerial Regulations dealing with every aspect of running a business in Thailand.
Getting started:
Successful business people will tell you that when it comes to starting up a business careful planning within the Corporate Law framework is an absolute necessity for your business to succeed.
Some talented individuals will be offered Consultancy Contracts by well-established Thai and international companies operating in Thailand. These Consultancy Contracts can be very onerous and complicated.
How can we help:
- Our Law Office team will meet with your team and get to understand your business model
- Our lawyers will advise you on the business structure that best suits your business model
- Our lawyers will advise you on the law and regulations that apply to the business structure recommended and adopted by you.
- Our law team will help you with all the legal requirements needed to set up your business and advise you on legal compliance requirements under the Corporate law of Thailand going forward
- If you are a business based in Thailand or offshore or an individual proposing to enter into a Consultancy Contract, we can help you to ensure that the Consultancy Contract is drafted (or reviewed and amended) in such a way as to be compliant with Thai Corporate law and its terms are clear and unambiguous and importantly ‘fair and reasonable’ from the perspective of both parties.
- Our lawyers can help business people resident in Thailand to set up, usually with the help of our network of overseas agents, companies outside Thailand (Offshore Companies).
Take advantage of our FREE 30-minute initial consultation to see where you stand.
Keeping your business on track:
Corporate Law and particularly Ministerial regulations evolve and change all the time. Busy entrepreneurs running their business do not have the time to keep on top of these changes.
How can we help:
- Most businesses appoint Accountants or Auditors to look after their business finances and tax issues. We are retained by a variety of businesses and companies to look after their legal issues.
- As the appointed lawyers for your business we are available to you, at short notice, to advise you on any legal issues arising within your business. In our experience these legal issues will not relate to Corporate Law alone but will concern a much wider scope of work ranging from Employment Contracts to Commercial Contracts, shareholders’ agreements to conduct of shareholders’ meetings, voting rights, debt collection, and many other legal issues which arise from time to time in a dynamic business.
- The law team will keep you updated on changes in the law that impact upon your business and we will meet with you and your key personnel on a regular basis to keep you on track.
When things go wrong:
Even in the best run businesses things can and do go wrong. Disputes can arise between business ‘partners’ or shareholders, the business and third parties such as suppliers and customers. Sometimes due to changes in economic conditions or fierce competition from competitors the business has to be terminated leading to a winding up of the business, bankruptcy or liquidation
How can we help:
- Where we are retained by a business or company and a dispute arises between partners or ‘members’ we can only give general advice and offer to mediate but we cannot take sides. This is obviously not the case where we are approached by one side to the dispute, where we are not retained by the business or company as the company lawyers.
- In disputes where we can act for one party we will always act in our client’s best interest and encourage negotiation and mediation before advising on the advantages, disadvantages and likely costs of embarking upon litigation, as a last resort.
- Where your business is being wound up or your company is being liquidated, our lawyers will help you through this difficult process to ensure that you and your company are following Corporate Law rules and procedures to avoid you, the businessperson, exposing yourself to civil and sometimes criminal sanctions.
