Thailand has witnessed a fundamental shift in travellers’ accommodation preferences, driven largely by digital platforms such as Airbnb. This evolution has led many condominium owners to attempt to profit from the demand for short-term stays, effectively transforming residential units into … Read More
Thailand
Nominee Shareholding in Thai Litigation:How Courts Identify and Look Beyond Formal Ownership
In many Thai corporate disputes, the share register is not the end of the inquiry; it is the beginning. While company records formally identify shareholders, Thai courts do not consider these records conclusive when surrounding evidence suggests a different operational … Read More
Directors’ Liability in Corporate Insolvency: A Primer for Foreign and Thai Directors
In Thailand, the intersection of corporate insolvency and director liability raises critical questions for company leaders. While the law does not impose a duty on directors to commence formal insolvency proceedings, it does create potential liabilities for failing to address … Read More
The Koh Samui Building Permit Fraud Scandal: Legal Implications and Remedial Pathways for Affected Property Owners
Introduction In March 2026, authorities in Surat Thani province uncovered a sophisticated criminal operation involving the forgery of construction permits issued by Koh Samui Municipality, sending shockwaves through Thailand’s luxury real estate market and raising profound legal questions for property … Read More
Thailand’s Updated Bankruptcy Law: Prepackaged Bankruptcy Options
Thailand’s proposed pre-packaged bankruptcy reforms mark a major evolution in its insolvency regime. By allowing debtor–creditor agreements before court filing, the new framework aims to streamline rehabilitation, reduce timelines, and align Thailand with international restructuring practices. … Read More
Director Certifications and the Limits of “I Don’t Know”: How Thai Courts Evaluate Responsibility in Corporate Disputes
Routine Signatures and Litigation Risk In corporate disputes before Thai courts, directors frequently justify problematic transactions or inaccurate filings on the basis of ignorance. Within the organization, that explanation may appear plausible. Corporate documentation is often drafted by accountants, legal … Read More
Control Without Shareholding: How Thai Courts Infer Control in Company Disputes
Shareholding is a Starting Point, not a Conclusion In disputes concerning the governance of a Thai company, the parties typically commence by examining the share register. This approach is understandable because the register indicates legal ownership, demonstrates the formal allocation … Read More
Thailand Intensifies Crackdown on Nominee Shareholders
A nominee shareholder arrangement occurs when a Thai national holds shares in a company on behalf of a foreigner in order to circumvent foreign ownership restrictions under the Foreign Business Act. Such arrangements are illegal under Sections 36 and 37 of the Act and can result in criminal penalties for both the Thai nominee and the foreign beneficiary. … Read More
Thailand Proposes Landmark Reforms to Foreign Business Act to Attract Investment
Thailand is considering significant reforms to the Foreign Business Act that could remove licensing requirements for several service industries. The proposed changes may make it easier for foreign investors to operate software development, treasury centre and intra-group management businesses in Thailand without obtaining a Foreign Business License. … Read More
The End of the Filing Formality: Thailand’s New Front in Registration Scrutiny – Key Changes for Foreign Investors in 2026
For many years, the incorporation of Thai companies was regarded primarily as a routine compliance exercise. While Thai law has long prohibited nominee arrangements under the Foreign Business Act (FBA) and related legislation, substantive scrutiny of ownership structures often occurred … Read More