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Structured Finance in Thailand covers a wide range of complex financial transactions where assets or cash flows are pooled, repackaged, and sold as securities. This type of finance is most commonly used for large and intricate projects or transactions that cannot be financed with traditional loans. In Thailand, structured finance often involves asset-backed securities, securitization, project finance, and syndicated loans. The practice is governed by several local laws and heavily regulated to protect both investors and issuers. Government agencies such as the Securities and Exchange Commission of Thailand (SEC) and the Bank of Thailand are key regulators in this sector.
Structured finance transactions are complex and often involve multiple parties, intricate contracts, and significant regulatory oversight. You may need a lawyer if you are:
A qualified Thai lawyer can help you navigate the regulatory landscape, draft and review contracts, identify potential legal risks, and ensure your transactions comply with both local and international finance standards.
Structured Finance in Thailand is influenced by specific local laws and regulatory frameworks. Key aspects include:
Structured finance refers to complex financial arrangements that use pooling of assets and cash flows to create securities or lending structures that are tailored to the needs of both borrowers and investors.
Common products include asset-backed securities, mortgage-backed securities, collateralized loan obligations, and project finance arrangements for major infrastructure or commercial projects.
The Securities and Exchange Commission of Thailand (SEC) is the main regulatory body for securities-related matters, while the Bank of Thailand regulates banks and financial institutions involved in such transactions.
Yes, entities that issue asset-backed securities or manage special purpose vehicles must comply with regulatory licensing and approval processes governed by the SEC and other relevant authorities.
Yes, foreign investors can participate, but there are specific rules regarding foreign ownership, exchange control, and cross-border transfers that must be observed.
SPVs are separate legal entities created to hold assets and issue securities in structured finance transactions. They are strictly regulated and must operate within the framework set out in the relevant laws.
Thailand has specific tax provisions for structured finance, especially regarding income, withholding, and value-added taxes. Tax efficiency often depends on the structure of the deal and proper compliance with relevant tax guidelines.
Yes, especially for real estate, auto loans, and other receivables. However, the market is still developing compared to some other countries and is subject to evolving regulatory requirements.
Legal risks include failure to comply with financial regulations, unclear contract terms, tax liabilities, insolvency risks, and enforceability of collateral or asset transfers.
Involving an experienced legal advisor from the planning stage helps ensure compliance, draft valid contracts, and mitigate potential risks associated with regulatory, tax, and insolvency issues.
For more information and support, the following Thai authorities and organizations provide guidance on structured finance:
If you need legal assistance in structured finance matters in Thailand:
Taking these steps will help ensure your structured finance activities in Thailand are compliant, efficient, and legally sound.
