On August 31, 2008, Section 89/15 of the Securities and Exchange Act (No. 4) B.E. 2551 (A.D. 2008) came into force. This provision mandates the appointment of a Company Secretary by the Board of Directors of (1) public limited companies permitted to offer shares to the public, with the exception of public limited companies specified in the notification of the Capital Market Supervisory Board; and (2) public limited companies listed on the Securities Exchange of Thailand or whose shares are traded over the counter. 

The issue of the authority and duty of the Board of Trademarks has been widely discussed within the Thai legal profession. At the heart of this discussion is the fact that the Board often uses its discretion to render decisions based on grounds and facts that were neither raised in the Registrar’s original order nor contested by the appellant. In Thailand, the Supreme Court’s decision would normally be cited to resolve this type of legal issue; unfortunately, there are no precedent Supreme Court cases to be cited for this issue.

In developing a marketing campaign, corporate marketing teams, advertising agencies, and company management must not lose sight of the importance of legal clearance. The issues relevant to attractive and effective advertising material go beyond marketing strategy or consumer behavior analysis. Critically important legal issues such as intellectual property clearance and regulatory compliance must also be considered.

On July 19, 2007, Thailand’s new Computer Crimes Act (CCA) took effect. CCA Section 26 made data retention mandatory for all “Service Providers,” who would be required to keep records of their users’ e-mail, chat, and internet usage and personal identification for a minimum of 90 days. The details of this mandatory data retention were left to the discretion of the Ministry of Information & Communication Technology (ICT).

This document provides an easy reference tool for the company formation process in Thailand.

The continuous rise in oil prices over the past two years has reached an unprecedented level. The reason for such a sharp rise is the source of much debate. However, what is clear is the devastating effect high oil prices are having on the performance of many businesses in Thailand. The records of the Justice Court Office reveal that the number of bankruptcy cases and cases of dishonoured cheques has steadily increased over the same two-year period.

On February 23, 2008, the law governing work permits (Working of Aliens Act) generated much attention when its completely new face emerged to replace its 30-year-old predecessor. Although the implementation of the major part of this new law has been delayed pending the issuance of several ministerial rules and regulations, it would be prudent for working aliens to familiarize themselves with some key changes. This article discusses the changes introduced by the new legislation.

In the coming weeks, Thailand’s workforce will enjoy numerous public holidays. As employees prepare to supplement their public holidays with annual leave, employers and employees alike are encouraged to review the laws surrounding personal vacation in Thailand. This article addresses common mistakes concerning annual leave.