THANATHIP & PARTNERS
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Our lawyers have contributed several articles to leading legal journals. We also periodically share some of our knowledge with our clients, or update them on topical legal issues, in the form of our “Legal Express” publication.
This will generally provide our clients with helpful information, or address more specific legal issues in the areas of securities and banking, especially those which we believe are of relevant interest to our platinum clients. Certain editions of our “Legal Express” publication have also included comments, as well as practical solutions, or suggestions from Thai authorities.
Share Repurchase for Financial Management Purpose of Listed Companies
August 2025
A share repurchase scheme, also known as treasury stock, serves as a strategic tool for financial restructuring, liquidity management and resolving shareholder conflicts. While companies are generally prohibited from holding their own shares, Section 66/1 of the Public Limited Companies Act B.E. 2535 (A.D. 1992) (as amended) (the “PLCA”) allows public companies to repurchase shares under specific circumstances.
Thailand’s Legislative Reform to Decentralise Solar Energy
August 2025
Recently, Thailand’s interest in solar energy systems has grown steadily, driven by rising electricity costs and increasing environmental awareness. However, the motivation for non-commercial users to adopt solar power may have been partly constrained by overlapping regulatory requirements and burdensome administrative procedures, particularly the need to obtain approvals from multiple governmental authorities and the absence of a unified legal framework governing solar energy systems. These barriers have created a compliance landscape that is often unpredictable, time-consuming and costly, thereby discouraging participation in renewable energy initiatives across Thailand.
Gearing Up for a Nuclear Future: Thailand’s New Safety Regulations
August 2025
Thailand has yet to adopt nuclear power as part of its energy generation portfolio, primarily due to public scepticism and safety concerns. These concerns have been increased by past incidents, notably the 2000 Samut Prakan radiation accident, where an unsecured Cobalt-60 source caused severe radiation exposure, resulting in casualties and multiple injuries, and the 2023 Prachinburi Caesium-137 incident, where a missing radioactive cylinder was melted at a smelting factory. Both events underscore the critical risks associated with radioactive material mismanagement.
Overview of the Duties and Liabilities of Directors in Thai Private Limited Companies
July 2025
The duties and potential liabilities of directors of a private limited company in Thailand are primarily governed by the Civil and Commercial Code (the “CCC”), which sets out primary duties and civil liabilities of directors; and the Act on Offences Concerning Registered Partnerships, Limited Partnerships, Limited Companies, Associations and Foundations B.E. 2499 (A.D. 1956) (the “Corporate Offences Act”), which sets out criminal liabilities on directors who fail to perform their duties as prescribed under the CCC.
Private Placement: A Fundraising Opportunity for Private Companies in Thailand
June 2025
Pursuant to the Civil and Commercial Code of Thailand, new shares issued by a private company must be offered to its existing shareholders on a proportional basis. This legal restriction makes it difficult for a private company to raise capital from external investors, especially in the case of SMEs or startups for which funding from institutions, venture capitals or private equity investors are vital. To address this limitation, the Securities and Exchange Commission (“SEC”) has introduced a private placement scheme to facilitate access to capital for private companies, enhancing their opportunities to raise funds through the capital markets and reduces certain regulatory burdens while ensuring compliance with disclosure standards.
Capital Gains Tax Exemptions for Investment in Startups
April 2025
Generally, capital gains are subject to personal or corporate income tax (as the case may be) under the Revenue Code. By virtue of the Royal Decree issued under the Revenue Code on Tax Exemption (No. 750) B.E. 2565 (A.D. 2022) (the “Royal Decree No. 750”), the tax exemptions on the capital gains arising from a sale of investment, whether directly or indirectly through Venture Capital (VC) or a Private Equity Trust (PE Trust), in qualified startups in targeted industries, will remain in place until 30 June 2032. This measure aims to strengthen Thai startups and tech companies, attract foreign tech investment, create more jobs, and drive Thailand’s economic growth.