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November 1, 2024

ICLG: Franchise 2025—Thailand Chapter

Global Legal Group

Tilleke & Gibbins has contributed the Thailand chapter to Franchise 2025 from the International Comparative Legal Guides (ICLG) series published by Global Legal Group. This comprehensive guide provides detailed analysis of franchise laws and regulations across multiple jurisdictions worldwide.

Each chapter of the guide follows a Q&A format, organized into key sections covering critical aspects of franchise law and operations, including:

  • Relevant legislation and rules governing franchise transactions
  • Business organization options for franchised operations
  • Competition law considerations
  • Protection of intellectual property and brands
  • Liability issues and risk mitigation
  • Governing law and dispute resolution
  • Real estate matters
  • Online trading regulations
  • Termination requirements
  • Joint employer risks and vicarious liability
  • Currency controls and taxation
  • Commercial agency considerations
  • Good faith obligations and fair dealing requirements
  • Ongoing relationship management
  • Franchise renewal processes
  • Franchise migration procedures
  • Electronic signatures and document retention

The Thailand chapter, authored by Alan Adcock and Kasama Sriwatanakul, examines these topics in detail, with particular attention to recent developments like the Trade Competition Commission’s Franchising Guidelines which introduced new disclosure requirements and protections for franchisees.

The complete Thailand chapter is available as a PDF below.

The Thailand chapter—and the full Franchise 2025 guide—are also freely available on the ICLG website.

RELATED INSIGHTS​ 

April 19, 2021
Thailand has made significant changes to its statutory interest rate framework for the first time in almost a century. Since 1925, the statutory interest rate codified in Thailand’s Civil and Commercial Code (the CCC) has remained at 7.5% per year. But with Covid-19 having an unprecedented impact on the Thai economy, the Thai Government, via emergency decree, has reduced the statutory rate. While the decree is largely aimed at providing relief to hard-hit SMEs and individual debtors, the amendments have broader implications for doing business in Thailand. Main Changes The new interest rate revisions are contained within the Emergency Decree Amending the Civil and Commercial Code B.E. 2564 (2021) (the Emergency Decree), which was published in the Government Gazette on April 10, 2021 and came into effect on April 11, 2021. The Emergency Decree amends Sections 7 and 224 of the CCC, which stated the previous statutory interest rate of 7.5% per year. The Emergency Decree makes three major changes. The first involves a reduction of the statutory interest rate from 7.5% per year to 3% per year in Section 7. The new 3% annual rate is subject to review every three years by the Ministry of Finance. The interest rate is subject to further change later by a royal decree. The second change concerns money debts under Section 224 of the CCC. The previous version of Section 224 stated, among other things, that a money debt based on a default bears interest of 7.5% per year. Under the Emergency Decree, the new actual statutory default interest rate is the statutory interest rate stated in Section 7 with an additional rate of 2% per year. The result is a 5% annual statutory default interest rate. Since the statutory default interest rate is based in part on the Section 7