2. What are the main sources of regulatory laws in your jurisdiction?
What are the main sources of regulatory laws in your jurisdiction?

The main sources of regulatory laws in Thailand are as follows:

  • The Financial Institution Business Act B.E. 2551 (2008), as amended, and subordinated regulations are the key legislation for the banking and financial institution businesses that govern commercial banks, finance companies and credit foncier companies in Thailand. The BOT is the main regulator in charge of this legislation.
  • As amended, the Exchange Control Act B.E. 2485 (1942) and subordinated regulations govern foreign exchange business and fund transfer. The BOT is also the primary regulator of this legislation.
  • The Payment Systems Act, B.E. 2560 (2017) and its subordinate regulations outline the licensing and regulatory requirements for payment systems and payment services in Thailand. The key regulator of this legislation is the BOT.
  • The Declaration of the Revolutionary Council Decree No. 58 and its subordinate regulations prescribes a list of regulated financing offered to individuals without collateral, also known as "consumer finance", which requires the business operator to obtain relevant licenses from the relevant regulators depending on the type of consumer finance. Most types of regulated consumer finance are under the supervision of the BOT.
  • The Securities and Exchange Act B.E. 2535 (1992), as amended, and subordinated regulations are the main framework law in Thailand that governs all securities-related activities, including securities offering and securities business operation, such as securities brokerage, dealing and underwriting activities. The SEC is the main regulator of this legislation.
  • The Derivatives Act B.E. 2546 (2003), as amended, and subordinated regulations govern derivatives business operations in Thailand, such as derivatives brokerage and dealing activities, for both exchange-traded and over-the-counter derivatives. The SEC is also the key regulator of this legislation.
  • The Emergency Decree on Digital Asset Businesses B.E. 2561 (2018) ("Digital Asset Decree"), which came into effect on 14 May 2018, and subordinated regulations are the fundamental laws regulating businesses relating to digital assets (i.e., cryptocurrencies and digital tokens). The main regulator of this legislation is also the SEC.
  • The Life Insurance Act B.E. 2535 (1992), as amended, and subordinated regulations govern life insurance businesses, whereas the Non-Life Insurance Act B.E. 2535 (1992), as amended, and subordinated regulations govern non-life insurance businesses. The OIC is the key regulator for insurance businesses.

In addition, the Foreign Business Act B.E. 2542 (1999), as amended ("FBA"), is the main general legislation regulating foreign participation in the operation of restricted businesses (e.g., service-based business) in Thailand. The Ministry of Commerce (MOC) is the key regulator of this legislation.