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LEGAL CORNER

New law for businesses in industrial estates

The Industrial Estate Authority of Thailand (IEAT) has recently issued a new regulation regarding the criteŽria, procedures and conditions conŽcerning the business operations in industrial estates in Thailand.



 

 

The IEAT, a government juristic entity, is responsible for the developŽment and establishment of industriŽal estates - land allocated for indusŽtrial factories. There are 38 industriŽal estates operating in Thailand.

A new regulation, effective since August 24, sets out general criteria and procedures regarding business operaŽtions inside an industrial estate and conditions that apply to business operŽators to carry on their activities after permits have been granted by the IEAT.

The new regulation divides the activities into four categories:

n Industrial activities

n Services permitted inside the genŽeral industrial zone

n Commercial activities inside the IEAT free zone

n Other activities related to or beneŽficial to the aforesaid activities

Certain service providers are now allowed to operate and own land inside the general industrial zone and receive privileges from the IEAT. The type of service businesses that would qualify is left to the IEAT's discretion. Under the regulation, written approval from the IEAT is required for any mortgage, sale with redempŽtion right, lease, hirepurchase or creŽation of any encumbrance on the business operator's factory, building, machinery, equipment or other assets constructed, installed or attached to the land that will affect the land utilŽisation or which may result in a change of control of the business operator. If the land utilisation will not be affected, the business operaŽtor only needs to notify the IEAT in writing not later than 15 days before the transaction.

Any application to operate busiŽnesses inside an industrial estate subŽmitted prior to the effective date of the regulation but still pending approval shall be deemed as applications under the new regulation and subject to the criteria therein.

Requirements regarding granting of applications and the construction and alteration of factories or buildings have not been changed.


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