Thailand: New Regulations Ease Restrictions for Foreign Financial and Treasury Activities

Thailand has introduced new regulations expanding the range of financial and treasury activities that foreign-owned businesses can undertake without obtaining a licence or certificate under the country’s Foreign Business Act.

Published on 28 August 2026, the new ministerial regulations broaden existing exemptions covering securities and derivatives activities and introduce an important new exemption for certain guarantees between related parties. The changes should provide greater flexibility for multinational businesses operating in Thailand and may reduce the regulatory burden associated with some financing, hedging and intragroup arrangements.

Broader exemptions for derivatives and securities activities

The new regulations expand the exemptions available for derivatives businesses. These now include certain derivatives whose underlying assets or variables fall outside the scope of Thailand’s derivatives legislation, addressing an area that had not previously been comprehensively exempt from Foreign Business Act requirements.

The reforms also cover certain over-the-counter derivatives where payments are calculated by reference to foreign exchange or interest rates.

This is particularly relevant to international businesses using hedging arrangements to manage currency, interest-rate and other financial risks. Foreign brokers, advisers, fund managers and certain intermediaries may consequently be able to provide a broader range of products without triggering additional Foreign Business Act licensing requirements.

For securities businesses, the regulations also introduce exemptions covering margin lending used to purchase securities and securities repurchase transactions.

Greater flexibility for intragroup guarantees

Another significant development concerns guarantees between related parties in Thailand.

Previously, exemptions for domestic intragroup financial assistance focused primarily on loans. This could result in multinational groups having to obtain a Foreign Business Act licence, arrange guarantees through appropriately licensed Thai entities or establish alternative structures.

The new regulations provide an exemption for certain guarantees between related companies, partnerships, directors and managing partners. This could make it considerably easier for qualifying corporate groups to structure financing and credit support arrangements within Thailand.

However, the exemption is subject to specific relationship requirements based on factors including ownership and management. Businesses should therefore assess individual arrangements carefully rather than assuming that all intragroup guarantees automatically qualify.

Cross-border financing to affiliates also remains subject to restrictions and requires separate consideration.

What should foreign businesses consider?

For multinational organisations operating or investing in Thailand, the changes could reduce licensing costs, shorten implementation times and make certain financial arrangements more commercially practical.

Businesses already undertaking activities covered by the new exemptions should consider reviewing their existing regulatory arrangements and determining whether licences or certificates remain necessary for other aspects of their operations.

Companies planning new investments or financial arrangements in Thailand may also wish to consider the exemptions when structuring transactions, particularly in relation to derivatives, hedging and intragroup guarantees.

The reforms represent a potentially important easing of Thailand’s foreign-business regulatory framework for qualifying financial activities. For international businesses, however, careful assessment of the applicable conditions remains important, particularly where transactions involve complex group structures or cross-border financing.

By Tilleke & Gibbins, Thailand, a Transatlantic Law International affiliated firm. 

For further information or for any assistance please contact thailand@transatlanticlaw.com

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