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Thailand Business and Legal Guide
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Corporate Law
Formation and registration of limited companies, partnerships, branch offices, representative offices and other corporate entities. Drafting articles and memoranda of association. Advice on restrictions on foreign ownership under the Foreign Business Act and other legislation. Advice on applying for promotional incentives to the Board of Investment or other institutions. Advice on the rights, duties and liabilities of directors, shareholders and auditors. Drafting notices, agenda and minutes of meetings. Advice on share transfer and pledging, and the appointment and replacement of directors.
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Commercial Law
Drafting agreements relating to business acquisition or takeover: share purchase agreements, asset purchase agreements, joint venture agreements, and shareholders' agreements. Assignment and novation of existing agreements. Drafting agreements relating to the sale, purchase, leasing, import or export of goods. Drafting agreements for the supply of services. Advising on tax aspects of commercial transactions, particularly in relation to asset, share or land acquisition or sale.
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Banking
Advising foreign banks that wish to establish a branch office or representative office, or who wish to engage in lending activities in Thailand. Advice concerning licenses required to conduct banking or finance business. Representing lenders or borrowers in relation to loan transactions, drafting loan or credit facility agreements, guarantees, mortgages, pledges, assignments and other security agreements. Registration of security agreements.
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Insolvency and debt restructuring
Advising debtors and creditors in relation to insolvency or restructuring of corporate debt. Drafting standstill agreements, negotiating between the parties and drafting voluntary restructuring agreements. Issuing proceedings for restructuring under the Bankruptcy Act, on behalf of the debtor or creditors. Representing the debtor, the creditors' committee or individual creditors in such proceedings. Filing proof of debt. Drafting any transactional agreements required for debt restructuring, including: share subscription or share transfer agreements, documents relating to bond issue, asset transfer agreements, new loan or credit agreements and security agreements. Advising on the rights and duties of the planner, the plan administrator and the Official Receiver.
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Taxation
Advising on liability for corporate income tax, withholding taxes, personal income tax, value added tax, specific business tax, stamp duty, excise duty and other taxes. Representing the taxpayer in proceedings before the Revenue Court and appeals from its decisions. Advice concerning international withholding taxes and double taxation treaties. For further information on our tax services please click this link.
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Labor
Advice on employers' and employees' rights and duties under the Labor Protection Act and other associated legislation. Drafting employment agreements, contracts for services, directors' service agreements and consultants' agreements. Advice concerning dismissal, liability for severance pay and damages for unfair dismissal. Advice concerning liabilities under the Workmen's Compensation Act and the Social Security Acts. Advice concerning income tax and withholding taxes that arise by virtue of the employment relationship.
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Intellectual property
Advise on rights and liabilities under the Trademark Act, the Patent Act, the Copyright Act, the Trade Secrets Act and other associated legislation. Applying for registration of trademarks and patents and defending contested applications. Drafting licensing and franchising agreements. Conducting monitoring and investigation of counterfeiting activities, and coordinating such action with the authorities concerned. Representing parties in civil and criminal proceedings relating to infringement of intellectual property rights.
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Commercial and residential property
Representing sellers, developers, and buyers of residential, commercial or industrial property including hotels and resorts. Drafting leases and services agreements relating to property development and leasing. Advice on planning consents required for development, and licenses required for factories, hotels and other commercial businesses. Advice on tax aspects of property transfer and leasing, including corporate income tax, personal income tax, stamp duty, withholding taxes, land department fees and house and land tax.
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Telecommunications, IT and e-commerce
Advising on licenses required to operate telecommunications and IT businesses and restrictions on foreign ownership of such businesses. Drafting service agreements relating to telecommunications and IT businesses. Advising on tax and duty liabilities in connection with such businesses.
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Litigation and arbitration
Conduct of proceedings before the Civil Court, the Criminal Court, Provincial Courts, the Intellectual Property and International Trade Court, the Labor Court, the Revenue Court, the Bankruptcy Court, and the Administrative Court. Conduct of appeals to the Court of Appeals or to the Supreme Court. The conduct of arbitration proceedings under the Thai Arbitration Act or under international arbitration rules such as the ICC or UNCITRAL. Enforcement of judgments and arbitral awards.
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Accounting services
We are able to offer accounting services to small and medium enterprises, who are also established clients for legal services.
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United States immigration law consultancy
We are associated with White & White LLC, a United States law firm specializing in advice and consultation concerning United States immigration law. Please refer to the appropriate chapter on the Thailand Business and Legal Guide sub-page. Clients wishing to obtain advice or representation in this area may contact William F. White, Senior Partner by email at: wfwlaw@aol.com or telephone (66) 2 231 6466. Urgent telephone enquiries to mobile phone: (66) 1 909 8202.
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