top of page
  • Writer's pictureAdmin

Restriction for Foreign Shareholdings of Electricity Business in Thailand 外資持股泰國電力業務的限制

Currently, Thailand’s Energy Regulatory Commission (ERC) is reviewing a draft regulating the nationality qualifications for the ultimate shareholders and directors of applicants for energy business licenses. The draft of ERC Regulation Re: Qualifications, Documents and Application for Electricity Business, which will replace the EPC Regulations Re: Application and Permission for Electricity Business B.E. 2551 and its amendments, may be adopted soon and will influence licensed companies that are mostly owned by foreigners when they apply for or renew their energy business licenses.

目前,泰國能源管理委員會(ERC)正在審查一項法規草案,更新能源業務許可證申請人的最終股東和董事的國籍資格。 ERC 法規草案《關於電力業務的資格、文件和申請》旨在取代佛曆2551年EPC法規《關於電力業務的申請和許可》及其修正案,可能很快就會被採用,並將影響外資控股的持牌公司申請或延展能源業務許可證。

The draft regulation requires Thai partnerships, limited companies, and public limited companies to have the following qualifications unless there is an international agreement granting national treatment for a specific commitment (mode 3 or mode 4) or exemption by other laws:


Ø Juristic persons must be incorporated under Thai laws or registered in Thailand with the objective of carrying out electricity business according to Clause 7 subsection (2)(A);

依據第7條第 (2)(A) 款法人必須根據泰國法律設立或在泰國註冊,目的是開展電力業務;

Ø For private limited companies, foreign ultimate shareholders must not hold more than 49% of the total shares, and the number of foreign shareholders must not be more than half of all shareholders according to Clause 7 subsection (2)(B);


Ø At least half of the directors must possess Thai nationality according to Clause 7 subsection (2)(C);

依據第7條第(2) (C)款,至少一半董事必須具有泰國國籍;

Ø Authorized directors must possess Thai nationality business according to Clause 7 subsection (2)(D);


Ø Juristic persons must not be a person under suspension or have a history of having the license revoked within 2 years prior to the date of application for a license according to Clause 7 subsection (2)(E);


Ø Directors, managers, or authorized persons to bind the juristic person applying for a license must not be bankrupt and must never be a dishonest bankrupt person according to Clause 7 subsection (2)(F).


When Thai government adopts the draft regulation, it will not take retroactive effect on previously granted energy business licenses, which will continue to be valid until its expiration date, if there is no material change to the license as defined by the draft regulation. When a license is due for renewal, it will needs to be complied with the draft regulation.


All license applications submitted prior to the effective date of the draft regulation and under consideration will be taken into applications for a license under the draft regulation. Thai companies should be prepared to arrange the shareholding structure to follow the new requirements with the effectiveness of the draft regulation.


59 views0 comments

Recent Posts

See All


bottom of page