| The following post delves into the topic of | | | | endeavor. Couple this with the fact that there are |
| company incorporation in the context of | | | | a great many legal restrictions placed upon foreign |
| jurisdictions within the United States and the | | | | nationals doing business in Thailand and one is left |
| Kingdom of Thailand. | | | | with little option, but to seek competent Thai legal |
| As the world becomes increasingly integrated | | | | counsel in order to adequately protect one's |
| through the process of globalization it becomes | | | | personal as well as corporate interests. |
| evermore imperative to understand the | | | | One area where Thailand's system of corporate |
| comparative benefits of company incorporation in | | | | governance differs sharply from that of the USA |
| different jurisdictions. Furthermore, as | | | | is corporate record maintenance. In the USA, it |
| corporations (big and small) require more | | | | might be possible to incorporate a so-called "shelf |
| international presence in order to adequately | | | | company". In Thailand, this is not the case, "shelf |
| conduct business it is increasingly urgent to have a | | | | companies" do not exist in a practical sense due |
| basic understanding of the legal peculiarities | | | | to the accounting and bookkeeping requirements |
| specific to certain jurisdictions. | | | | inherent in Thai business regulations. Another issue |
| In many jurisdictions within the United States of | | | | of note is that Thai law may place criminal |
| America it is relatively simple to establish certain | | | | sanctions upon those who fail to comport with |
| corporate structures. Although, those wanting to | | | | Thai regulations regarding corporate information |
| establish a company in America are prudent to | | | | reporting. |
| seek competent legal advice in order to ensure | | | | Due to these rather stringent requirements, those |
| that all formalities are duly met. Also, a | | | | wishing to conduct business in Thailand are well |
| competent attorney can provide guidance as to | | | | advised to conduct research and due diligence |
| the best type of corporate structure based upon | | | | prior to making the decision to invest money or |
| the type of business to be conducted. In some | | | | incorporate a legal entity within the jurisdiction. In |
| cases, an American attorney can provide advice | | | | a number of cases, it may be a good idea to |
| regarding possible tax issues as well as the legal | | | | retain a Thai attorney to provide advice regarding |
| obligations and privileges arising from the | | | | the best way to incorporate a Thai company. This |
| establishment of a corporation. | | | | is even more significant when a foreign company |
| In many respects, it is relatively easy to obtain | | | | wishes to establish a subsidiary in Thailand in the |
| limited liability in most of the jurisdictions of the | | | | form of a branch office, limited company, or |
| USA. Even though maintaining limited liability could | | | | representative office; as there are many legal and |
| prove somewhat cumbersome for certain | | | | tax implications that may arise from |
| individuals and corporations. In Thailand, establishing | | | | multi-jurisdictional corporate transactions. |
| a limited company can be a very difficult | | | | |