Foreign Direct Investment Guide: A View from the Inside – Thailand Chapter

Authors

Santhapat Periera

T: +66 2056 5995

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David Beckstead

T: +66 2056 5591

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Luxsiri Supakijjanusorn

T: +66 2056 5555

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The Global Legal Post

February 14, 2017

Attorneys from Tilleke & Gibbins have written the Thailand chapter of The Global Legal Post’s Foreign Direct Investment: A View from the Inside, a guide to investment opportunities and decision-making in various jurisdictions across the globe.

The Thailand chapter was coauthored by members of Tilleke & Gibbins’ corporate and commercial group, including Santhapat Periera, a partner, David Beckstead, a consultant, and Luxsiri Supakijjanusorn, an attorney-at-law. The chapter discusses several topics regarding foreign direct investment (FDI) in Thailand, including the following:

  • The role of Thailand’s government in FDI regulation through the Foreign Business Act (FBA), the Board of Investment, and the Industrial Estate Authority of Thailand
  • Common legal structures used by foreign investors when conducting business in Thailand
  • Restrictions for foreign investors under the FBA
  • Legal issues concerning mergers and acquisitions
  • Structures for profit repatriation, loans between related companies, and the return of capital
  • The effect of Thai employment laws and regulations on foreign investors
  • Intellectual property protection
  • Data exchange and privacy
  • Real estate and property acquisition
  • Potential risks of foreign investor partnerships with local representatives or distributors
  • Dispute resolution through local courts and arbitration

The chapter concludes by examining the three legal issues that are most important to foreign investors in Thailand: (1) foreign ownership restrictions; (2) investment promotion; and (3) the country’s stable legal framework.