You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 23, 2016

Thailand: New Regulations for Financial Institutions on Accepting Deposits and Receiving Money from the Public

The Thai government recently promulgated new regulations for financial institutions on accepting deposits or receiving money from the public. The regulations aim to enhance the security and stability of these processes, and therefore improve the credibility of commercial banking business.

Under Bank of Thailand Notification SorNorSor 7/2559, financial institutions must set up mechanisms to ensure effective and accurate identification and verification of their customers, commonly referred to as “Know Your Customer” (KYC).

The regulations impose strict requirements and restrictions on accepting deposits of money or receiving money from the public via electronic means. This service is now restricted to natural persons, and financial institutions that provide this service must ensure that their e-KYC is available and effective. Risk management must also be improved.

The standard of the identification and verification process must be the same as services rendered to customers who are physically present at banks. If customers are not available in person, financial institutions must use electronic devices, such as video conferencing equipment, to enable bank officers to interview and observe a customer’s behavior on a real-time basis.

If financial institutions accept deposits of money or receive money from the public through a virtual teller machine, kiosk, computer, or other electronic device, they must examine the information and identification documents of their customers by using a smart card reader. They may use the government’s identification and verification system or its fingerprint verification system, together with their smart card reader, to be more accurate.

In addition, if financial institutions accept deposits of money or receive money from the public through applications prepared by themselves and run on the electronic devices of their consumers, including mobile phones, they must use the government’s identification and verification system together with its fingerprint verification system.

Financial institutions have until the end of this year to improve their internal systems, standards, and risk management. As these changes come into effect, both commercial banks and their customers will need to be prepared for a much higher level of scrutiny when financial institutions accept deposits and receive money from the public.

If you have any questions about these regulations or other banking-related matters, please contact Cynthia M. Pornavalai at [email protected] or +66 2653 5559.

RELATED INSIGHTS​ 

January 10, 2025
Project finance specialists from Tilleke & Gibbins’ Bangkok office have once again contributed the Thailand chapter to the latest edition of The Legal 500’s Project Finance guide. Part of The Legal 500’s Country Comparative Guides series, the publication serves as a valuable resource for investors and businesses seeking detailed insights into project finance in key jurisdictions worldwide. Each Q&A-style chapter offers comprehensive guidance on the legal frameworks impacting various aspects of project finance, including: Ownership structures and corporate governance; Security interests, regimes, and enforcement; Regulatory requirements and consents; Foreign exchange considerations; Environmental, social, and governance (ESG) issues; Public-private partnerships; Foreign judgments; Tax considerations; Common funding structures; and Insurance law principles. In addition to the Thailand chapter, Tilleke & Gibbins has contributed the Vietnam chapter to the guide. The Thailand chapter is available as a PDF through the link below. The full guide can also be accessed for free on The Legal 500 website.
January 10, 2025
Tilleke & Gibbins’ project finance team in Vietnam has contributed the Vietnam chapter to the 2025 edition of The Legal 500’s Project Finance guide. As part of The Legal 500’s Country Comparative Guides series, this publication provides businesses and investors with crucial information about the legal and regulatory aspects of project finance across jurisdictions worldwide. The Q&A-format chapters deliver detailed insights into the legal regimes governing an array of project finance topics, including: Ownership structures and corporate governance; Security interests, regimes, and enforcement; Regulatory requirements and consents; Foreign exchange considerations; Environmental, social, and governance (ESG) issues; Public-private partnerships; Foreign judgments; Tax considerations; Common funding structures; and Insurance law principles. Tilleke & Gibbins also prepared the Thailand chapter for this edition. The Vietnam chapter is available as a PDF via the button below, with the full guide freely accessible on The Legal 500 website.
January 9, 2025
Thailand’s Fiscal Policy Office (FPO) has released a draft of its planned Financial Business Hub Act, which is in line with the government’s aim of positioning Thailand as a regional financial hub and a critical player in the global economy. The draft act, on which the FPO is accepting comments until January 9, 2025, details the framework for promoting and attracting international financial businesses and related services to operate in Thailand, proposes various incentives, and outlines supervisory guidelines. This article examines key elements of the draft Financial Business Hub Act relevant to financial business operators. Incentivized Financial Businesses The draft act identifies the financial businesses to be promoted and incentivized. These target businesses include: Commercial banking businesses, Payment service businesses, Securities businesses, Derivatives businesses, Digital assets businesses, Insurance and reinsurance brokerage businesses, and Other financial-related businesses as determined by the Committee for the Supervision and Promotion of Financial Centers. Thailand’s finance minister explained that initially, the draft law intends to target businesses using an “out-out” model, which describes the raising of capital abroad for investment abroad, before expanding to an “out-in” model, in which capital is raised abroad for investment domestically. Therefore, the draft law currently specifies that the target businesses must only provide services to nonresidents without soliciting residents of Thailand to use their services. Authorization Targeted financial business operators will need to receive authorization from the Committee for the Supervision and Promotion of Financial Centers. The main eligibility criteria for authorization are the incorporation an entity (e.g., a company registered in Thailand, a branch of a foreign juristic person) with an office in designated areas to be specified in a royal decree (currently expected to be Bangkok and adjacent provinces) and the possession of other qualifications as prescribed in the draft act. Target businesses in Thailand will
December 4, 2024
Tilleke & Gibbins has contributed the Cambodia, Laos, Myanmar, Thailand, and Vietnam chapters to Restructuring in Southeast Asia, a comparative guide produced by Drew Network Asia (DNA). The publication outlines the principal debt restructuring processes available to corporate debtors across nine Southeast Asian jurisdictions and provides an accessible overview for lenders, creditors, and companies navigating financial distress in the region. Structured in a question-and-answer format, each jurisdictional chapter addresses the same core topics, allowing readers to compare approaches across markets. The guide covers key issues such as available restructuring mechanisms, court-supervised and out-of-court options, the roles and powers of creditors, and the implications of restructuring on ongoing business operations. As with other DNA resources, the guide aims to provide practical orientation rather than exhaustive analysis. Legislative developments and jurisdiction-specific considerations may affect the applicability of certain procedures, and readers requiring tailored advice are encouraged to contact the practitioners listed at the end of each chapter. The full guide is available for download using the button below or directly from the DNA website.