Case Study: Troublesome Joint Venture in Thailand

Case Study: Troublesome Joint Venture in Thailand

As a consultant and “cultural ambassador”, Sanet helps a German machine builder with its Joint Venture in Thailand.

The German machine manufacturer held 75% of a sales and service Joint Venture in Thailand. A Thai partner owned 25% of the shares and managed the business single-handedly and largely without any direct intervention by the German majority partner. Little attention was paid to the Thai subsidiary.

The earnings were okay, but the sales figures were not impressive enough to make the Thai company the focus of the group management. After the company was established in Thailand, the German Controller came once a year for the annual accounts and soon returned home without any major problems. Market shares, market policy and the local company management were largely unaware of the situation at headquarters.

The surprise came as soon as the Thai partner wanted to introduce a successor.

How to make a joint venture a recipe for success in Thailand?

How to make a joint venture a recipe for success in Thailand?

HOW TO MAKE A JOINT VENTURE A RECIPE FOR SUCCESS IN THAILAND

It is easy for foreigners to set up a wholly foreign owned enterprise (WFOE) in Thailand. However, such firms are subject to limitations, for example in trading and providing services. A Joint Venture with a Thai majority, on the other hand, is free to do anything that is possible for Thai companies. Even in such a Joint Venture, foreigners may legally have a majority of voting rights and preferential dividend rights.

Yet this must be properly planned from the very outset and cleverly set up from a legal point of view. Once the company has been established, there is very little that one can do about it.

Sanet Legal, the German lawyers in Thailand for corporate law, explain how to make a Joint Venture in Thailand a successful concept. They also point out legal options that many investors have probably not considered yet.