Dissatisfaction
with Economic Laws Prompts Amendment Drive
11 December 2000 |
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A
group of senators and academics have stated their intention
to seek 50,000 public signatures to persuade the next
government to amend economic laws which they claim have
a pro-foreign bias. The group revealed its plans during
a seminar regarding economic laws and the economic crisis.
The seminar was held by the Senate's Committee on Finance,
Banking and Financial Institutions, in Phuket.
A
senate speaker attending the seminar stated that a number
of senators were ready to back the petition. The committee's
chairman, said the outcome of the seminar would be sent
to the Senate for debate. Phusana Preemanoch, president
of the Institute of Social and Economic Policy, also
spoke at the meeting. to comply with obligations made
to the International Monetary Fund. Some laws were partially
or wholly copied from other governments and did not
suit Thailand. Further, the laws may have been designed
to "appease foreign businessmen and foreign creditors. |
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Special report:
Immigration Update
6 December 2000 |
This
past August, one of the major visa service companies
was raided and closed by the police. The company had
been providing a visa service, which sent their clients'
passports overseas to certain consulates that would
then issue non-immigrant visas without requiring the
passport holders' presence. The fallout from this has
been a heightened scrutiny at the Immigration Department
of passports that have a visa without an exit and entry
stamp that would show that the passport holder actually
visited the consulate or embassy that issued the visa. |
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Investment Residence
Permits
6 December 2000 |
The
Immigration Department has proposed a continuation of
the Investment Visa project, which granted investment
resident permits based on an investment of ten million
Baht. This program expired in July. However, the Immigration
Department has proposed an extension of this program
for qualified persons and is currently awaiting authorization
from policy makers. |
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Consular Developments
6 December 2000 |
In
September, the Thai Consulate in Penang introduced 12-month
multiple-entry non-immigrant B visas. Then, with effect
from November, the consulate began demanding a great
deal of paperwork, consisting of, among other items,.
the corporate registration, balance sheets and lists
of all expatriates. One source has said that the new
requirements apply to all non-immigrant B visas, whatever
their length of validity. Regulations vary from one
Thai consulate to another. For example, the other consulate
in Malaysia, Kota Bahru, will issue only three-month
non-immigrant B visas. However, the only paperwork the
Kota Bahru consulate requires is:
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Copy of passport and two photographs;
- Original letter of recommendation of the company/employer
stating the reason for employment, position and salary;
- Contract of employment, if it exists |
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Special Report: New
Accountancy Act Provides for Greater Director Liability
6 December 2000 |
Directors'
potential liability has been increased under the new
accounting law that came into effect this August.
Under the new law company directors may be liable for
fines and imprisonment if their financial records are
not in proper order. Persons responsible for the preparation
of the account shall have up to five months to submit
the accounts to the Central Revenue Office of the Local
Account Office for each accounting period. Company directors
are responsible for appointing qualified auditors and
are responsible for their company's financial records
and statements. Currently there are about 20,000 auditors
registered by the Department of Commercial registration.
Companies
must keep account records for no less than five years.
If the company ceases to do business, all records must
be handed over to the Commercial Registration Department
within ninety days. Many companies have expressed dissatisfaction
with the requirement that auditors need to be involved
in routine accounting practices, citing the high expense.
The penalties under the Act range from fines to imprisonment.
The penalties apply both to the company directors responsible
for the preparation of the accounts and the accountants
themselves. |
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Money Changer Crack
Down
3 December 2000 |
The
government has recently revised an executive decree
on lending to extend its coverage to moneychangers operating
without licenses, according to sources in the Finance
Ministry. The Fiscal Policy Office has broadened the
scope of its laws to crack down on non-licensed moneylenders.
According to a spokesman for the Finance Ministry, there
are too many loopholes in the Foreign Exchange Trading
Act to cover liability for illegal foreign exchange.
Speaking at a seminar, the permanent secretary of the
Finance Ministry stated that the current executive decree
does not cover illegal money exchange by non-banking
companies, as they do not actually perform transactions. |
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SEC Trust Law Proposed
15 November 2000 |
The
SEC has proposed a new trust law to protect small investors
and close certain legal loopholes. Trustee under the
proposed law would have the right to hold assets if
an issuer of securities goes bankrupt and investors
would also be protected if a trustee filed bankruptcy.
Legal loopholes that the new draft law would aim to
eliminate include such in mutual funds where asset managers
are considered to hold the rights to the assets rather
than the unit holders themselves. This could lead to
problems for investors if the fund manger went bankrupt
and creditors would have the right to foreclose on assets
that should belong to the investor. Another loophole
that is sought to be corrected is with regard to issuing
shares, Currently, underlying shares belong to the company
until they are actually issued. In the future both of
these problems may be solved by the use of trustees
to hold the shares on behalf of the beneficial owners. |
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CDRAC to Assist Smaller
Firms with Funds Acquisitions
14 November
2000 |
The
Corporate Debt Restructuring Authority is planning on
focusing more on Small to Medium Enterprises (SME's).
Many of the SME's that have had their debts restructured
have problems obtaining new financing. CRAC is currently
collaborating with the Small Industry Credit Guarantee
Company t try to accelerate borrowing opportunities
for SMEs. |
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SET to Incorporate
9 November 2000 |
The
board of director of the Stock Exchange agreed in principle
to transform the exchange into a corporation from an
agency with brokerage firm members. The goal of incorporation
would be to increase competitiveness and be in line
with global trends. A public hearing is going to be
held and if the change is supported the Thailand Securities
and Exchange Act will have to be amended. Under the
draft proposal, the SET will be divided into two entities:
an operating company and a development fund. The operating
company will be responsible for its commercial operations.
The major shareholder will be the development fund,
which will be given the status of a nonprofit corporation. |
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Directors' Penalties
Enlarge
7 November 2000 |
Under
the new accounting law company directors may be liable
for fins and imprisonment if their financial records
are not in proper order. Company directors are responsible
for appointing qualified auditors and responsible their
company's financial records and statement6s. Currently
there are about 20,000 auditors registered by the Department
of Commercial registration. Under the new law, accountants
committing misrepresentation and tampering with financial
statements would also be subject to more severe penalties.
The most recent draft of the Broadcasting bills would
give a regulatory committee the power to supervise electronic
media, rather than allow a self-censorship mechanism.
He bill seeks to decentralize power in accordance with
the 1997 constitution. Currently the foreign ownership
limit is capped a 25 percent, but this could be changes. |
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