Changes to Civil & Commercial Code in Thailand

July 1st, 2008

As of July 1 2008, establishing & operating a business in Thailand became more streamlined……but are the new enhancements to Thai company law genuinely beneficial to private companies?

In the wake of legislative “modernization” initiatives to the Civil & Commercial Code (CCC), most SMEs wishing to establish operations in Thailand will find that the simplified regulatory requirements will deliver efficiencies and lessen barriers to entry.

Thanyakamon Limakunawoo who heads up Bangkok Base’s Legal unit, said that the changes were not only welcome, but reduce red tape that her clients have frequently found inhibiting when establishing a business here.

As Thailand’s premier one-stop-shop for new entrants into the Thai market, providing serviced offices, full accounting & legal services (incl. co. registration, licences & work permits), Bangkok Base welcomes the company law enhancements. Ms Limakunawoot is confident they will assist her organisation to deliver an even more attractive “set-up” service to its clients.

Much has been written and said elsewhere about the specific CCC changes, but a succinct summary is available in AustCham Thailand’s June ’08 edition of Advance magazine. AustCham can be contacted in Bangkok on 02 210 0216.

Some key enhancements to the law include:

  • The reduction of the minimum number of promoters and of shareholders from 7 to 3
  • Incorporation within one day, instead of the current minimum of 9 days – subject to specific conditions
  • Notification of shareholder meetings – amended rules as to how the notice is to be communicated
  • Announcement of dividends. Notification via newspaper notice no longer required. Shareholders to be notified directly by mail. Shares issued in bearer form must however still be announced in a local newspaper as well.

Why should you be considering investment in Thailand right now?

March 25th, 2008

This is a key question to answer if one is contemplating a business start-up in S E Asia.

Let Bangkok Base take you through the fundamentals:

1. Thailand has a large well-educated population compared with most of its neighbours, with largely untapped pools of labour resident in the North-East.

Around 63 million people, of whom 92% are literate, make Thailand the 19th most populous country in the world. GDP per head of $8677 provides Thailand with a healthy domestic economy. (source: UNDP report)

2. Substantial incentives are on offer from the Board of Investment for the right sort of project.

The Board of Investment offers support to companies wishing to invest in a wide range of activities including, but not limited to, research and development, scientific laboratories, industrial zones for environmental preservation, waste water treatment, disposal services of refuse, industrial waste or toxic chemicals, and manufacture of specified industrial machinery, such as parts and equipment for high precision machining processes. The BOI web-site (http://www.boi.go.th/english/about/eligible_activities.asp) has full details.

Along with tax-breaks, BOI sponsorship also makes it possible to avoid some of the more restrictive elements of the Foreign Business Act, 1999.

3. Growth and stability

Notwithstanding the temporary return to military government (19 Sept 2006 – December 2007) and a subsequent hiatus in spending on large infrastructure projects, Thailand’s economy grew at the fastest pace in seven quarters towards the end of last year as exports of rice, automobiles and computer chips all steadily rose. Southeast Asia’s second-biggest economy expanded 5.7 percent in the fourth quarter, accelerating from a revised 4.8 percent in the third quarter (source: Thailand economy watch).

Those of us resident during this period saw few changes, little public disorder, and mostly rational uncensored debate. Veterans of earlier coups (e.g. 1992) can report the same, attributable in part to the religious beliefs of the population (more than 90% are Buddhist) and in large measure to the excellent leadership provided by His Majesty King Bhumibol.

4. Democracy has returned.

Elections were held on December 23rd 2007 (largely peaceful) and resulted in the return of many veteran politicians, mostly running under the People’s Power Party (PPP) banner. The PPP along with five smaller parties command all but 166 out of 400 seats in the House of Representatives. The Democratic Party constitutes the opposition. Changes to the constitution introduced during the period of military rule make it much easier than hitherto to challenge the Government in debate.

Election of 74 Senators took place on March 4th and they have joined 75 appointed Senators from all sectors of the community. A truly independent Speaker has been chosen and there is real hope that any excesses proposed by the House of Representatives will be curtailed by the Senate.

5. Recognition from the current government that foreign investment is good for the country.

Companies in Thailand are governed by the Foreign Business Act of 1999. Due to perceived abuse of loopholes in the Act which enabled Shin Corporation to be acquired by Temasek of Singapore in early 2006, the interim military government proposed changes to the law which would have closed the loopholes and made it more difficult for foreign shareholders to manage their investments here. The outcry from the business community was sufficiently loud to stall the enactment of the changes until a democratically elected body was in place to oversee these. So far, little has been said by the new Government about the FBA but, in an interview given shortly after appointment, the Deputy Prime Minister and Finance Minister Surapong Suebwonglee said “We must send a clear signal that nothing is retroactive and we are not shutting our door to foreign investment”.

In the same interview when asked “What are your views on the capital reserve requirement?” he said “Symbolically, the measure has been continually relaxed. I need to talk with the Bank of Thailand and analyse what strengthens the baht - irregular inflows or our own economic flaws. Our trade surplus is huge due to low investment. Without investment, the baht is strong. This abnormal condition allows speculation. To solve the problem, we need monetary and fiscal measures, taking into account the entire picture.” Since then the 30% reserve requirement has been dropped without an apparent upsurge in speculation.

6. Foreign reserves in excellent shape

Thailand’s net international reserves, which jumped by US$5.1 billion within a week before Feb 29, have soared to a new high of US$123.8 billion (Bt3.91 trillion), including forward positions.
On Feb 29, the Bank of Thailand (BOT) lifted its 14-month-old capital controls. Gross international reserves, which are currently less than the net international reserves, amounted to $100.5 billion as of Feb 29 due to the central bank’s intervention in the market to rein in the baht. The net reserves have risen sharply because of the BOT’s unwinding position of swap agreements to manage liquidity. It bought back the US dollar and sold the baht to counter upward pressures, causing the net forward position to drop to $23.3 billion, from $24.1 billion in the previous quarter. The rising reserves also resulted from valuation change as the euro, a main component of currencies in the BOT’s portfolio, has appreciated against the dollar.

7. Cautious optimism

As other Asian economies raced past their pre-1997 financial crisis stock exchange peaks, Thailand is still just a few notches up at half of its 1400-point high in the mid-90s, said Frederic Neumann, HSBC’s economist for Asia-Pacific. This means there is plenty of room in the upside for equity to climb, as stocks are still relatively cheap in terms of price to earnings, he added.

Bangkok Base shares HSBC’s cautious optimism, especially in the light of the massive increases in spending on infra-structure planned for the next three years. Prices of land around the new routes of the mass-transit rail network have risen by 10 per cent to 100 per cent this year since the government confirmed an investment of up to Bt500 billion in such schemes. The nine routes announced by Prime Minister Samak Sundaravej cover a total of 311km. Property developers are vying to secure additional land along the routes and many jobs will be created by such development in addition to the jobs created by construction of the routes themselves

Bangkok Base Boasts Bangkok’s Best Business Environment

February 28th, 2008

It’s hard to believe in the hustle and bustle of Bangkok that it would be possible to find a peaceful place in which to do business. The pollution, traffic, and noise combine to faze first time visitors to Bangkok and leave people wondering whether they could actually live and do business in such chaos.

The Bangkok Base Serviced and Virtual office centre on Sukhumvit Soi 31 offers business people one of the most peaceful and convenient locations in Bangkok from which to conduct business. Directly across the road from the office centre is the Imperial Queen’s Park, a wide open green leafy park with a lake and sports grounds. The park is a great place for a mid day stroll or picnic and gives one the chance to get out of the office for some sun and fresh air. In the evenings the park is brought to life by people jogging, practicing aerobics, tai chi, basketball, and other activities.

The office complex is a few minutes stroll from The Emporium, one of Bangkok’s most prestigious shopping centres. The Emporium has several food courts and a range of coffee shops and restaurants making it a convenient location for business lunches.

The Bangkok Base serviced office centre is located conveniently between Asoke and Phrom Phong BTS stations as well as being close to the Sukhumvit MRT station. This puts one at the intersection of all major transport routes in Bangkok. No matter which part of Bangkok you need to get to, you can avoid the traffic jams and get there swiftly.

Bangkok Base’s business services only help to contribute to the tranquillity of the business environment it provides. Full accounting and legal support services are available to help foreign businesses and entrepreneurs negotiate the complexities of doing business in Thailand.

For more information about the Peaceful Bangkok Base Business environment please Contact Us, view our serviced office image gallery or take a look at the different office packages that are available.

Welcome to Bangkok Base News

February 19th, 2008

Welcome to the Bangkok Base News Section.  Over time we will be using Bangkok Base News to keep clients informed  and up to date with latest developments at Bangkok Base. We will also aim to provide commentary on news items that are relevant to Business people with an interest in Thailand.

More coming soon.