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About การจัดหาเงินทุนสำหรับโครงการ Law in Yan Nawa, Thailand

Project financing in Yan Nawa, Bangkok typically involves funding large scale construction or development projects through a mix of debt and equity, with repayment primarily from the project’s cash flows rather than the sponsors’ balance sheets alone. Local lenders, institutional banks, and sometimes foreign lenders participate, often via an SPV created to own the project assets. A Bangkok based attorney helps with due diligence, contract drafting, permit sequence, and regulatory compliance to protect lenders and sponsors.

In Yan Nawa residents might be involved in office, hotel, or mixed use developments, or infrastructure enhancements near the district’s commercial corridors. Lawyer guidance is crucial for SPV formation, security interests on land and project assets, and alignment with Bangkok Metropolitan Administration requirements. A competent legal counsel can also navigate foreign investment considerations, licensing, and local permit processes that affect project timing and costs.

Why You May Need a Lawyer

• Scenario 1: You are assembling Thai and international financing for a mixed-use development in Yan Nawa and need to structure an SPV, intercreditor terms, and a comprehensive security package. A lawyer coordinates the debt stack, lien priorities, and asset security for bank approvals.

• Scenario 2: You plan to acquire land in Yan Nawa and want to conduct due diligence on title, encumbrances, and restricted rights that could affect financing. An attorney reviews title deeds, leasehold rights, and potential government or municipal claims.

• Scenario 3: You intend to use a long-term lease or structured lease for a project and need enforceable security against the lessee or lessor. A lawyer drafts and negotiates lease documents acceptable to lenders and registers security interests.

• Scenario 4: You seek investment incentives from the Board of Investment (BOI) or want to comply with Thai investment rules for foreign participants. A lawyer ensures eligibility, filing, and ongoing compliance to preserve incentives.

• Scenario 5: You are bidding on a government or municipal PPP in Bangkok and need contract risk allocation, procurement compliance, and dispute resolution provisions. A legal adviser helps with tender documentation and contract structure.

• Scenario 6: A lender requests intercreditor arrangements and collateral sharing among multiple financiers. An attorney drafts intercreditor agreements and coordinates perfection and registration across agencies.

Local Laws Overview

Thai project financing engages several core legal frameworks. The following laws are commonly involved in Yan Nawa and Bangkok based deals, with notes on where to check official texts and updates.

Civil and Commercial Code (ประมวลกฎหมายแพ่งและพาณิชย์)

The Civil and Commercial Code governs contracts, security interests, and obligations used to back project financing, including mortgages and pledges. It also governs corporate and contractual relationships among sponsors, lenders, and contractors. This code is the central source for ensuring enforceable agreements and security packages.

Source: Kris Dol

Land and Real Property Related Frameworks (รวมถึงการจดจำนองและการก่อสร้างบนที่ดิน)

Land ownership, title registration, encumbrances, and related transfer issues affect project finance in Bangkok. Lenders commonly rely on a mortgage on land or security interests over project assets. Due diligence and proper registration at the land office are essential to preserve lender protections.

Source: Kris Dol

Publicly Traded and Private Company Law (บริษัทจำกัด/มหาชนและโครงสร้าง SPV)

Most Thai project finance structures use a Thai registered company, often a Public Limited Company or a Thai limited liability company, as the SPV. Compliance with company law affects equity issuance, governance, and creditor protections.

Source: Kris Dol

Investment Promotion and Incentives (BOI and related regimes)

For projects eligible for incentives, the Board of Investment (BOI) offers tax and non-tax incentives. Legal counsel helps determine eligibility, prepare applications, and ensure ongoing compliance to retain benefits.

Source: Board of Investment (BOI)

Official Rules and Updates (Official Gazette and Government Directives)

Thai laws and ministerial regulations that affect project financing are published in the Royal Gazette. Periodic updates may impact approval processes, licensing, or regulatory compliance.

Source: ราชกิจจานุเบกษา Official Gazette

Recent policy trends in Thailand include expanding investment incentives and formalizing PPP frameworks to support large-scale infrastructure projects in Bangkok. For incentive programs, consult BOI and for public-private arrangements consult the government PPP resources.

Sources: BOI, Thai PPP Office, and Kris Dol

Frequently Asked Questions

What is project financing in Yan Nawa, Bangkok, Thailand?

Project financing uses a special purpose vehicle to fund a project’s costs. Repayment relies on project cash flows, not just sponsor credit. Lenders secure their interests with liens on project assets and rights.

How does a special purpose vehicle (SPV) help in project financing in Yan Nawa?

An SPV isolates project risk from sponsors, clarifies ownership, and centralizes revenue streams. It simplifies loan documentation and security packages for lenders.

How long does it take to close a project financing deal in Bangkok?

Typical timelines range from 3 to 6 months, depending on due diligence, permits, and lender coordination. Delays often stem from land title checks and regulatory approvals.

Do I need to involve the BOI for incentives in Yan Nawa?

Not all projects require BOI incentives. If your project qualifies, BOI support can provide tax holidays or allowances. A lawyer can assess eligibility and manage the application.

Can a land mortgage be perfected and registered in Bangkok for project finance?

Yes. A mortgage on land must be registered with the Land Office to be enforceable against third parties. Perfection procedures are document heavy and time sensitive.

How do I perform title due diligence for a parcel in Yan Nawa?

Due diligence includes title verification, encumbrances, existing leases, rights of way, and any government interests. A Thai attorney coordinates with the land office and relevant agencies.

What is a term sheet and why is it important in project financing?

A term sheet outlines principal terms, economics, and risk allocation before detailed documents. It guides negotiations and reduces later conflicts.

Should I hire a local Yan Nawa lawyer or a national firm?

A local lawyer familiar with Bangkok administration and land offices can save time. A larger firm may offer broader experience in multi-jurisdiction deals.

What security packages are commonly used in Thai project finance deals?

Common packages include land mortgages, pledges over project assets, assignments of rights, and intercreditor arrangements among lenders.

Is there a difference between a loan agreement and a facility agreement in Thai law?

Yes. A loan agreement typically covers the borrowing terms, while a facility agreement governs a line of credit or facilities and may include multiple drawdowns and covenants.

How much do Thai project financing legal services typically cost?

Fees vary by complexity, lender type, and deal size. Budget for due diligence, document drafting, registration, and negotiations, typically ranging from several hundred thousand to several million Baht for large projects.

What are common disputes in project finance and how are they resolved?

Disputes often concern defaults, security enforcement, construction delays, and change orders. Thai arbitration and Thai courts are commonly used, with arbitration often favored for technical disputes.

Additional Resources

• Board of Investment (BOI) - Promotes and supports investment in eligible projects, including issuing incentives and guidance on investment processes.

  Link: BOI official website

• Kris Dol - Official Thai legal database providing access to the Civil and Commercial Code and other statutes and regulations.

  Link: Kris Dol

• ราชกิจจานุเบกษา Official Gazette - Official publication for laws, regulations, and ministerial announcements.

  Link: Official Gazette

Next Steps

1. Clarify your project scope and financing plan, including target total capitalization and debt to equity ratio. Timeline: 1 week.
2. Identify a suitable Yan Nawa based legal counsel with expertise in project finance and Bangkok land procedures. Timeline: 1-2 weeks.
3. Initiate a due diligence package, including land title search, encumbrance checks, and contractor qualifications. Timeline: 2-4 weeks.
4. Draft a term sheet outlining economics, covenants, and security interests. Align with potential lenders and sponsors. Timeline: 1-2 weeks.
5. Set up the SPV and prepare initial project documentation, including draft loan and security agreements. Timeline: 2-4 weeks.
6. Coordinate permits, licenses, and approvals with Bangkok Metropolitan Administration and relevant authorities. Timeline: 4-12 weeks depending on project type.
7. Negotiate and execute financing documents, register security interests, and close the transaction. Timeline: 4-8 weeks after approvals.