Corporate Law

Corporate Law

Our partners have 40+ years of experience practicing corporate law. Our corporate law practice deals with general and specific foreign ownership rules, incorporation, corporate acquisitions, due diligence, shareholders rights, corporate governance, and secretarial.

Our corporate practice regularly advises on general corporate matters such as foreign investment strategies, shareholder agreements managerial control strategies, economic control strategies, foreign business licensing, representative offices, and agencies.

Several factors can influence a corporate transaction, and in this sense, no two corporate transactions are alike. The interaction between various stakeholders, employees, directors, the local community, and regulatory bodies plays a role.

However, Thai corporate law does share common legal characteristics with various jurisdictions. They are:

  • A Thai corporation is a separate legal personality (often referred to as a juristic person).
  • Shareholders’ personal liability is limited to the value of their shares in the corporation.
  • Shares are transferable.
  • Thai corporations have delegated management under a board of directors.

Clients also benefit from our other areas of expertise combined with our corporate practice, such as those in the Telecoms, Media, Technology sector, including, but not limited to, preferential tax benefits, waivers from certain foreign ownership limitations, and other government-sponsored investment incentives.

Some examples of our corporate experience:

  • Advised a Singapore-based telecommunications operator on its corporate structuring to resell a telecommunication/ISP system to connect Myanmar and Thailand on terrestrial and submarine networks, including operating and maintaining networks inside Thailand. Achieved a first in terms of a regulator allowing a Type I operator to lease dark cable and offering IIG services.
  • Advised, negotiated, and handled all transaction documentation for a NYSE, Russell 1000 Component listed US-based telecoms operator entering the Thai market, including: advised, structured and implemented entry into the Thai telecoms market; advised on corporate structuring to comply with the Thai Telecommunications Act and the Thai Foreign Business Act; guided client through the process with the National Broadcasting & Telecommunications Commission and achieved acquisition of a Telecommunications License (4-month process); prepared all materials and applications in compliance with the Foreign Business Act, and negotiated the process with the Thai Ministry of Commerce to acquire a Foreign Business License; coordinated the process between the Ministry of Commerce and the National Broadcasting & Telecommunications Commission and guided various client departments (Finance, Regulatory, Corporate Compliance, Data Privacy, Human Resources, Networks and Technical) through the process from their multiple perspectives and disciplines as to Thai legal and regulatory requirements.
  • Regularly advise a publicly-traded food manufacturer exporter on international law and trade issues.
  • Regularly advise an NYSE S&P 500 component manufacturer on legal, tax, and corporate law issues concerning its operations in Thailand.
  • Regularly advise a Nikkei 225 component, TOPIX Core 30 component manufacturing company on its corporate secretarial contract negotiations and copyright issues regarding its manufacturing operations in Thailand.
  • Represent and advise a Stock Exchange of Thailand food and beverage manufacturing company on general corporate and securities law matters.