3. What types of activities require a license in your jurisdiction?
What types of activities require a license in your jurisdiction?

Thailand regulates a broad range of activities, which include but are not limited to the following:

  • Conducting a financial institution business – This would cover typical banking activities involving the operation of deposit and current accounts. Any financial business that accepts deposits from the public is regulated.
  • Conducting foreign exchange business – The regulated businesses mainly include foreign currency exchange, cross-border fund remittance, and treasury center, for which a specific license is required.
  • Carrying out regulated payment service – The regulated payment service refers to the provision of any payment instrument or payment channel service for the purpose of paying for goods or services and transferring money. This covers a broad range of activities involving matters such as service of receiving payment for and on behalf of others, electronic fund transfer service, payment facilitator service, card issuance, and acquiring service.
  • Providing electronic money service – "Electronic money" means electronic cards, object or information that is stored in a device issued by a service provider for service users, with the prepayment of funds to the service provider, for the funds to be used to make payments for goods, services or any other things in lieu of cash.
  • Providing consumer finance service – Financing offered to individuals is a regulated business that requires a proper license. The key regulated business includes pico-finance, nano finance, personal loans and credit cards.
  • Providing investment advice – Providing advice on investments in securities or derivatives is a regulated activity in Thailand. For example, provision of advice on the merits of acquiring or disposing of particular securities requires a proper license.
  • Trading securities or derivatives as a principal or an agent – This would cover securities and derivatives brokers as well as dealers, which requires a proper license.
  • Underwriting securities – This covers the act of underwriting securities for subscription on behalf of the issuer.
  • Securities borrowing and lending – Arranging for securities borrowing and lending, whether acting as a principal or an agent of a borrower or a lender, is a regulated activity that requires a proper license.
  • Engaging in fund management – This mainly covers mutual fund and private fund management. The former is the operation of a collective investment scheme, while the latter is the discretionary management of investments through a segregated account on behalf of another person.
  • Conducting a digital asset business – Thai digital assets law regulates the offering of digital tokens to the public and the operation of digital asset businesses that enable the trading and exchange of digital assets. The digital asset businesses include digital assets exchange, brokerage, dealing, fund management, advisory and custodian.
  • Carrying out insurance business – Thai regulation covers various insurance activities, such as acting as an insurer or reinsurer and as insurance agencies or brokers.

In addition to the above, the FBA requires any foreigner or foreign entity who carries out any restricted business in Thailand to obtain a foreign business license before actually operating the business. By "any restricted business," the FBA covers a broad range of business activities (e.g., service-based business) — whether or not regulated under other specific regulations — with certain exemptions.