The use and trading of cryptocurrencies have become more popular in recent years and, as a result, investors involved in the cryptocurrency sector can take into account the launch of an initial coin offering in Thailand.
The ICO in Thailand is a manner in which a company can raise funds for a cryptocurrency business.
This action is subject to regulation and there are various requirements for licensing and registration for companies who wish to benefit from it.
Our Thai company formation agents highlight the main important rules applicable in case of an ICO in Thailand and can, upon request, guide investors throughout this process.
Our company formation specialists provide complete incorporation services for entrepreneurs interested in opening a cryptocurrency company in the country.
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Regulations for an ICO in Thailand
The Securities and Exchange Commission (SEC) is the main regulator for cryptocurrencies in Thailand. The Emergency Decree on Digital Asset Businesses is the main source of law.
Digital asset business operators in the country are required to comply with specific rules and regulations.
Our team of Thai company formation agents lists the main legal issues entrepreneurs can take into account about the regulation of an ICO in Thailand:
- the launch of an initial coin offering in Thailand is subject to approval from the SEC;
- only Thai registered companies can apply for an ICO approval;
- the company that launches the initial coin offering (issuer) is required to submit a draft prospectus as well as other information;
- the ICO issuer can be subject to post-approval requirements; the SEC can issue special provisions as to the categories of investors that can participate in the ICO.
The treatment of cryptocurrencies in Thailand
The Emergency Decree on Digital Asset Businesses issued in 2018 is one of the main laws that govern the use of cryptocurrencies, as well as the launch of ICOs in Thailand.
In addition to the regulations presented above, companies that launch initial coin offerings in Thailand also need to take into account the following:
- the initial coin offering can only be scheduled once the registration of the approval is performed and the draft prospectus is submitted;
- the offering of a digital token is made in a special manner, through a digital portal service provider which has been approved by the SEC;
- the SEC can specify which digital tokens can be exempt from the requirement to file a registration statement prior to their offering;
- the director, executive or controlling person in a company that launches an ICO in Thailand needs to present certain characteristics indicative of appropriateness and trustworthiness in order for the offering of digital tokens to be made to the public.
The SEC has the power to suspend the authorization for an initial coin offering in Thailand if, at any time after this was granted, it is found that:
- the information or statements offered as part of the registration statement are false and would cause damage to investors;
- the date or statements are inaccurate, thus causing a material change in the information presented in the registration documentation.
An ICO in Thailand is subject to a certain degree of control and regulation.
Tether, Kub, and Bitcoin are among the most popular cryptocurrencies in Thailand. Data from February 2022 shows that:
- Tether accounted for 24.3% of the market;
- Bitcoin had 10.17% and Kub 11.67%;
- Ethereum had 7.72% of the market.
Foreign investors who require assistance during this process, as well as those who wish to open a company in Thailand that will be registered for this purpose, can contact our agents.
For investors who set up an ICO in the country, our partner Thai accountants can provide complete solutions and packages that will allow them to remain fully compliant with the annual tax and reporting requirements for the legal entity that is set up for this purpose. An accountant from our team is able to give you more details about our services and the current requirements.
Our team provides comprehensive company formation services to foreign and local investors, including virtual office services.
You can also contact us if you want to open a branch in Thailand.