Banking and Finance Law in Thailand

Banking and finance law in Thailand governs how money moves, how credit is extended, and how financial institutions and borrowers must operate within a regulated legal framework. Whether you’re arranging project finance, entering into a lending agreement, or offering fintech services, a clear understanding of financial regulations is essential for legal compliance and risk management.

Thailand’s financial system is regulated by the Bank of Thailand (BOT) and the Securities and Exchange Commission (SEC), with legal frameworks established under the Financial Institutions Business Act, the Securities and Exchange Act, the Trust for Transactions in Capital Market Act, and related regulations. These laws cover both traditional banking activities and the fast-growing fields of fintech, crypto assets, and cross-border transactions.

Banking and finance matters often intersect with areas such as corporate structuring and project development. For example, loan security or investment structuring may involve legal considerations under Business & Corporate Law.

What Is Covered Under Banking and Finance Law in Thailand?

Banking and finance lawyers in Thailand support a wide range of clients, including banks, financial institutions, fintech startups, and project developers. Their services cover:

Lending, Credit Facilities, and Security Agreements

Preparing loan and credit agreements, including cross-border and syndicated facilities
Structuring security packages using mortgages, pledges, guarantees, or assignments
Reviewing enforceability of interest, default provisions, and penalty clauses under Thai law
Advising on borrower due diligence and creditworthiness
Managing foreign currency loans and fund transfers in line with BOT regulations

Project and Asset Finance

Structuring financing for infrastructure, real estate, and industrial developments
Drafting and registering security instruments such as land mortgages and share pledges
Negotiating between lenders, borrowers, and guarantors
Coordinating with BOT and DBD for filings, approvals, and compliance

Financial Regulation and Licensing

Advising on non-bank lending licenses, e-payment registration, or microfinance permits
Ensuring compliance with capital requirements, reporting duties, and KYC/AML rules
Handling inspections, audits, and correspondence with regulators
Preparing internal policies and compliance manuals for licensed entities

Fintech and Digital Finance

Structuring fintech businesses including P2P lending, payment services, or neobanks
Advising on compliance for e-wallets, payment gateways, and tokenized platforms
Licensing virtual asset service providers (VASPs) under the SEC’s digital asset framework
Drafting terms of use, risk disclosures, and data handling policies

These digital finance topics often overlap with Technology and Media Law, especially when platforms process payments or store user data.

Capital Markets, Escrow, and Structured Transactions

Preparing escrow agreements for mergers, land sales, or investment deals
Advising on public and private debt offerings, convertible bonds, and other capital instruments
Structuring trusts under the Trust for Transactions in Capital Market Act
Liaising with the SEC and stock exchange for disclosures and filings

Who Should Hire a Banking or Finance Lawyer in Thailand?

Legal support is essential for any party involved in lending, financing, or financial regulation. You should consider hiring a finance lawyer if you are:

A Thai or international bank providing loans or credit lines
A developer or operator raising funds for infrastructure or real estate projects
A fintech company seeking regulatory compliance or licenses
A business entering a syndicated loan or cross-border finance agreement
A party involved in digital payments, capital raising, or structured investment deals

In many of these cases, financial arrangements also require contract drafting and negotiation. See our Contract Law page for related support.

Find Banking & Finance Lawyers in Thailand

Looking for professionals who specialize in banking and finance law in Thailand? Our directory features trusted lawyers with experience in loans, capital markets, fintech, and regulatory filings.

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FAQs About Banking and Finance Law in Thailand

Can a foreign company lend money to a Thai company?

Yes, foreign companies can extend loans to Thai entities. However, the loan may be subject to withholding tax and foreign exchange reporting with the Bank of Thailand.

What types of security are commonly used in Thai financing?

Common security includes land mortgages, share pledges, personal guarantees, and assignment of rights. Each must be properly documented and registered to be enforceable.

Do lending businesses need a license in Thailand?

Yes, most money lending, leasing, and hire-purchase businesses require a license or registration, particularly for non-bank lenders and digital lenders.

Is cryptocurrency or digital asset finance regulated in Thailand?

Yes. The SEC regulates digital asset exchanges, broker-dealers, and token offerings under separate licensing rules for virtual asset service providers.

Need Help With Banking and Finance Law in Thailand?

Not sure where to start? Contact us and we’ll connect you with a lawyer who specializes in banking and finance law in Thailand.