Fintech Insights: Crowdfunding Regulations in Thailand

November 4, 2024

Fintech Insights: Crowdfunding Regulations in Thailand

Crowdfunding has emerged as a promising option for raising capital, particularly for startups and small businesses. In Thailand, investment-based crowdfunding falls primarily under the regulatory purview of the Securities and Exchange Commission (SEC). The SEC is responsible for licensing and overseeing crowdfunding portals, ensuring compliance with regulatory requirements while ensuring investor protection and market integrity.

The crowdfunding regulations in Thailand allow non-publicly traded companies to raise funds by offering equity and debentures for sale through SEC-licensed crowdfunding portals. This framework opens new possibilities for businesses seeking alternative funding sources and for investors looking for new opportunities.

Crowdfunding Portals

Under Thai regulations, “crowdfunding portals” are defined as websites, mobile phone applications, or other similar electronic media developed for offering securities for sale.

To operate a crowdfunding portal in Thailand, applicants must meet several key requirements:

Incorporation: The applicant must be incorporated in Thailand. This requirement ensures that the portal operator has a significant local presence and is subject to Thai law.
Minimum capital: A minimum paid-up registered capital of THB 5 million is required. This capital requirement helps ensure that portal operators have sufficient financial resources to maintain their operations.
Operational readiness: The applicant must have crowdfunding portal systems ready for use upon applying to the SEC for approval to operate. This requirement demonstrates the applicant’s technical capability and readiness to provide crowdfunding services.

These requirements are designed to ensure that crowdfunding portal operators are well-capitalized, technologically prepared, and committed to operating within the Thai market.

Business and Investment Implications

The regulatory framework for crowdfunding in Thailand offers non-publicly traded companies with an additional avenue for raising funds, as licensed crowdfunding portals provide a structured and regulated environment for fundraising. However, companies must ensure compliance with SEC regulations when offering securities through these platforms.

For investors, crowdfunding offers new investment opportunities, particularly in startups and small businesses. The regulatory oversight provided by the SEC offers a degree of protection and standardization. For investors who understand the risks associated with crowdfunding investments and conduct due diligence on their prospective targets, crowdfunding can be an attractive way to diversify their investments.

The establishment of a regulatory framework for crowdfunding represents a significant step in Thailand’s journey towards a more diverse and inclusive financial ecosystem. By providing a structured environment for businesses to raise capital and for investors to participate in new opportunities, crowdfunding has the potential to drive innovation and economic growth in Thailand’s evolving fintech landscape.

Related Professionals

Athistha (Nop) Chitranukroh

Partner and Director, Corporate and Commercial

Thailand

+66 2056 5600

Email

Pornpan Wichawut

Thailand

+66 2056 5707

Email

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