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The Legal House (Thailand)
San Sai, Thailand

Founded in 2023
8 people in their team
English
Thai
The Legal House (Thailand) provides expert legal services across a wide range of practice areas, including estate and probate, estate planning, family law, civil litigation, company registration, criminal defense, and notary services. Our experienced team is committed to delivering precise...
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Thailand Business Legal Questions answered by Lawyers

Browse our 13 legal questions about Business in Thailand and the lawyer answers, or ask your own questions for free.

What business categories are eligible for BOI promotion in Thailand?
Business Business Registration Business Visa
I run a manufacturing company which is registered in Thailand and we are interested in BOI promotion.
Lawyer answer

To gain BOI Thailand promotion, your business must fall within one of the eight stated business categories: Agriculture and agricultural products Light industry Services and public utility Chemicals, paper, and plastic Technology and innovation development Electronic industry and electric appliances...

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1 answer
What are the requirements for BOI promotion in Thailand?
Business Business Registration
Lawyer answer

There are details and nuances; however, at the basic level, your company is eligible for BOI promotion if it meets the following criteria: The company is included in one of the eight eligible business categories. The company performs eligible activities...

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1 answer
What benefits can my company enjoy under the Board of Investment (BOI) promotion?
Business Business Registration
I am a tech business owner currently based in Europe, but looking to move operations to Asia, I would like to explore and compare options.
Lawyer answer

Once the company is BOI promoted, the following basic incentives may be granted: Exemption of corporate income tax Exemption of import duties on machinery Exemption of import duties on raw materials used in R&D Exemption of import duties on raw...

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1 answer

Thailand Business Legal Articles

Browse our 20 legal articles about Business in Thailand written by expert lawyers.

The Penalties Of Not Filing Your Income Tax Return As A Foreigner In Thailand
Tax Business
Thailand has strict tax regulations that apply to both residents and non-residents. In recent years, the Thai Revenue Department has updated its policies on how both foreign and locally sourced income are taxed.For foreigners earning income from either of these sources, understanding these requirements has become more important than ever.... Read more →
By SIAM LEGAL INTERNATIONAL
Navigating the Legal Landscape of Digital Payments in Thailand
Business Fintech
The rise of digital payments in Thailand reflects the nation’s broader embrace of digital transformation and financial inclusion. From mobile wallets to QR code transactions, digital payment platforms have reshaped how individuals and businesses handle financial transactions. However, these developments also bring about a host of legal and regulatory challenges. ... Read more →
Appreciating the Legal Aspects of Crowdfunding in Thailand
Business
With the power of relatively small donations from a lot of people, crowdfunding has become a great method for generating capital for startups, businesses, and even organizations to support their projects. The emergence of crowdsourcing sites in Thailand has matched world patterns and offers a vibrant channel for social influence... Read more →

1. About Business Law in San Sai, Thailand

San Sai is a district in Chiang Mai Province, Thailand, where countless small and medium sized businesses operate daily. Business law in San Sai follows national Thai law, with local authorities handling licensing, permits, and municipal taxation. In practice, most commercial matters like company formation, employment, contracts, and dispute resolution depend on Thai statutes rather than local ordinances alone.

For residents and business owners in San Sai, clarity comes from understanding how the national framework applies to your activities at the local level. A qualified attorney or legal counsel can translate broad Thai rules into practical steps tailored to your district, industry, and company structure. This guide highlights real world considerations you are likely to encounter in San Sai when seeking legal assistance.

2. Why You May Need a Lawyer

Engaging a lawyer in San Sai can prevent costly missteps and streamline compliance. Below are concrete scenarios with local relevance that commonly require legal support from a Thai attorney or legal counsel.

  • Forming a Thai company or a regional subsidiary in San Sai requires careful structuring to satisfy the Thai Companies Act and ownership rules. An attorney can prepare articles of association, appoint directors, and ensure share distribution complies with Thai law. For foreign investors, counsel helps address foreign ownership restrictions under the Foreign Business Act while enabling compliant local participation.
  • Drafting and negotiating supplier, distributor, or service contracts for a Chiang Mai based business. A lawyer tailors terms to local commerce practices, ensures enforceability under the Civil and Commercial Code, and sets clear dispute resolution provisions to avoid costly litigation in San Sai courts.
  • Handling land or lease matters related to business premises if your San Sai operation involves land or long term leases. Foreign entities cannot own land in Thailand, so counsel guides you on ownership structures, lease terms, or use of Thai nationals or Thai companies to meet statutory requirements.
  • Labor and employment compliance for local staff. The Labour Protection Act and related regulations govern wages, hours, severance, and termination procedures. An attorney helps draft compliant employment agreements, handle separations properly, and mitigate potential penalties.
  • Regulatory compliance and licensing for specific San Sai activities, including local business licenses, environmental permits, or city municipality registrations. A local attorney can coordinate with district offices and ensure permits align with your operational plan.
  • Data protection and customer privacy when collecting customer information. The Personal Data Protection Act BE 2562 requires appropriate data practices, consent management, and incident response. Legal counsel helps implement compliant data handling policies for your San Sai operations.

In each scenario, working with an attorney who understands San Sai’s regulatory landscape reduces the risk of delays, fines, or invalid contracts. A local counsel can also serve as a bridge to national agencies when you need approvals or registrations.

3. Local Laws Overview

Business activities in San Sai are governed by several key Thai laws. Below are 2-3 essential statutes by name, with notes on their scope and practical impact for San Sai businesses. When applicable, we reference recent trends or changes affecting enforcement and compliance.

The Companies Act B.E. 2535 (1992) and related amendments

This act governs the formation, governance, and winding up of Thai companies, including share structure, director duties, and reporting requirements. It applies to private limited companies and public limited companies operating in San Sai and elsewhere in Thailand. An attorney helps ensure governance practices align with statutory duties and that filings with the Department of Business Development are timely and accurate.

The Foreign Business Act B.E. 2542 (1999)

The Foreign Business Act restricts certain business activities to Thai nationals or Thai majority owned entities. It creates a framework for evaluating foreign participation in sectors such as wholesale, retail, and service industries. For San Sai investors and entrepreneurs, counsel can assess which activities require licenses or structural arrangements to comply with foreign ownership limits.

The Trade Competition Act B.E. 2562 (2019) and related competition laws

This act regulates anti competitive practices, including mergers, acquisitions, and agreements that restrict competition. Businesses in San Sai must evaluate whether their pricing, distribution, or collaboration with competitors could raise competition concerns. Legal counsel can advise on compliant market conduct and help file or respond to regulatory inquiries.

Additional context: Personal Data Protection Act BE 2562 (2019)

The Personal Data Protection Act governs processing of personal data by businesses and imposes duties around consent, data security, and breach notification. For San Sai enterprises handling customer data, counsel can implement privacy policies, data processing agreements, and incident response plans to meet PDPA requirements.

Thailand has intensified regulatory frameworks to balance investment openness with consumer protection and data privacy. Key statutes affect company formation, ownership, and data handling.

Source: World Bank Thailand overview

Thai employment law emphasizes fair treatment of workers, formal contracts, and lawful termination procedures. Employers should align with the Labour Protection Act and related regulations.

Source: International Labour Organization

4. Frequently Asked Questions

These questions cover procedural steps, definitions, costs, timelines, qualifications, and comparisons. They are written for conversational understanding and to help you decide when to seek counsel in San Sai.

What is the main purpose of the Companies Act BE 2535?

The Act governs formation, governance, and dissolution of Thai companies. It sets requirements for shareholding, directors, and annual filings.

What is the Foreign Business Act and who is affected?

The Act restricts foreign participation in certain business activities. It determines whether a foreign entity can operate directly or needs a Thai partner or structure.

How long does it take to register a new company in San Sai?

Registration times vary by company type and completeness of documents. Typical timelines range from 2 to 6 weeks after submission to the Department of Business Development.

What is the PDPA and why does it affect my business?

The Personal Data Protection Act regulates how you collect, store, and use personal data. Non compliance can lead to penalties and reputational harm.

Do I need an employment contract for every staff member?

Yes. A written contract helps ensure clarity on duties, wages, benefits, and termination terms. It also supports compliance with the Labour Protection Act.

What is the difference between a Thai company and a regional office?

A Thai company is a separate legal entity under Thai law. A regional or branch office mirrors the parent business but may face different regulatory requirements.

Should I consider a foreign ownership structure for my San Sai business?

It depends on the business sector and ownership rules. A lawyer can assess options such as Thai majority ownership or joint ventures to meet legal requirements.

Is a signed contract with a supplier enough to protect my interests?

No. Add essential terms, such as payment schedules, delivery, warranties, and dispute resolution clauses to reduce risk and improve enforceability.

How do I resolve disputes with a local partner in San Sai?

Disputes can be resolved through negotiation, mediation, or arbitration. A local attorney drafts enforceable settlement agreements and can guide you through court or alternative forums.

What documentation is needed to open a new business in San Sai?

Typically you will need corporate documents, director resolutions, identification, and address proofs. Your attorney ensures documents meet Department of Business Development standards.

How can I compare hiring a local attorney versus a national firm?

A local attorney offers district familiarity and faster interaction with San Sai authorities. A national firm may provide broader resources and standardized processes for cross province matters.

5. Additional Resources

These organizations provide reliable information about business law, employment standards, and regulatory trends that affect San Sai and Thailand at large. They are official sources you can consult for up to date guidance.

  • World Bank - Thailand Overview - Provides high level context on the business environment, reforms, and investment climate in Thailand. worldbank.org
  • International Labour Organization - Thailand - Offers guidance on employment law, worker rights, and compliance for employers in Thailand. ilo.org
  • UN Conference on Trade and Development - Thailand - Investment policy discussions, trade, and development considerations relevant to business operations in Thailand. unctad.org

6. Next Steps

  1. Define your business structure and goals with a clear plan for San Sai operations, including whether you need a Thai company, a branch, or a joint venture. Timeline: 1-2 days.
  2. Identify a qualified attorney or legal counsel with experience in Thai corporate and commercial law, and who understands San Sai regulatory localities. Timeline: 1 week.
  3. Prepare a document checklist for entity formation, licenses, contracts, and employment agreements. Timeline: 2-5 days.
  4. Consult on ownership and licensing needs to address Foreign Business Act restrictions and potential BOI or Thai national ownership options. Timeline: 1-3 weeks depending on sector.
  5. Draft and review core contracts including supplier agreements, tenancy, and employment contracts with an emphasis on enforceability in San Sai courts. Timeline: 1-2 weeks per contract set.
  6. Implement data protection and privacy measures to comply with PDPA BE 2562. Timeline: 4-8 weeks for policy development and staff training.
  7. Register with relevant authorities such as the Department of Business Development and local municipalities as required. Timeline: 2-6 weeks after documentation is prepared.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.