David Duncan, a consultant in Tilleke & Gibbins’ corporate and commercial group, recently contributed the Thailand chapter of Marketing Private Funds and Discretionary Account Services (Tenth Edition), published by Deacons, the Lex Mundi member firm for Hong Kong. The publication provides a Q&A-style guide on restrictions related to cross-border capital raising and marketing activities for asset managers in 17 jurisdictions, covering the following topics:

The Thai government has passed legislation that imposes more stringent rules and regulations to protect consumers from business operators engaging in direct sales and direct marketing. The amendments to the Direct Sales and Direct Marketing Act (No. 3), B.E. 2560 (2017) were published in the Government Gazette on May 17, 2017.

A new directive in Thailand will allow court pleadings and documents to be filed electronically. The Directive of the President of the Supreme Court on Submitting, Sending, and Receiving Pleadings and Documents via the Electronic Filing System came into effect on May 4, 2017.

The Act Governing Commission of Offences Relating to Computers (generally known as the Computer Crimes Act) was enacted in 2007. Over the last decade, several high-profile cases have appeared in the media, especially when celebrities or models lodged criminal charges under the Act. Its application in criminal defamation cases has also been the subject of a lot of comment.

The Thai government has identified the aviation industry as a key driver for the country’s economic growth. To spur investment in aerospace manufacturing, the government, through the Board of Investment (BOI), has introduced a number of incentives. The areas of focus include the manufacturing and repair of aircraft and aircraft components.

The Law on Investment Promotion No. 14/NA (LIP) became effective in Laos on April 19, 2017, and replaces the Law on Investment Promotion No. 02/NA, dated July 8, 2009, and its Decree on the Implementation of the Investment Law (2009) No. 119/PM, dated April 20, 2011. The new LIP aims to facilitate investments in Laos for both domestic and international private investors by providing a more seamless process for business applications, license issuance, and government approval.

Thailand implemented its main competition law, the Trade Competition Act (TCA) B.E. 2542 in 1999, and was the first country to do so in the ASEAN region. The 1999 TCA focused primarily on prevention of unfair trade practices, and restricted the formation of cartels and the conducting of monopolistic trade activities. However, over the course of the past 18 years, no prosecution has ever been brought against any business operator who breached the TCA, and therefore, enforcement of the TCA is renowned for being lacking, ineffective, and impractical.

Indonesia recently enacted a regulation as part of the process for implementing its new Trademark Law, Law No. 20 of 2016 on Marks. Effective since February 1, 2017, “Minister of Law and Human Rights Regulation No. 67 of 2016 on Trademark Registration” sets out several key points under Indonesia’s new trademark law system.