For Thai companies that depends on international trade with executives and board members often travelling out of office abroad, the Thai government has issued a new decree abolishing a former decree that did not allow board members and others abroad to participate in the meetings via a teleconference. From our corporate member Tilleke & Gibbins the chamber has received this important update on conducting meetings in Thailand via teleconference. Please read the T & G brief here.
All due to the COVID-19 crisis which has indeed been an eyeopener for many countries but has now caused a modernisation of the requirements in Thailand for board and shareholder meetings which also comprise chambers of commerce. The old law which among other issues made it illegal to participate and vote by electronic means in formal board meetings, AGM meetings and other corporate meetings. Here are some of the requirements
Prior to the 19 April in order to hold Board Meetings via electronic means, which includes teleconferences and videoconferences, the following conditions, among other things, had to be fulfilled:
• At least one-third of the quorum for the meeting must be physically present at the same meeting place.
• All attendees have to be in Thailand, while the meeting is conducted via electronic means.
• Such meeting, which is conducted via electronic media, must meet the Security and Safety Standards for Meetings held via Electronic Means, as stipulated by the Ministry of Digital Economy and Society.
The Royal Thai Government has therefore relaxed the limitations under the Old Law through the Royal Decree on Teleconferences through Electronic Means B.E. 2563 (2020) (the New Royal Decree), which came into force on 19 April 2020 replacing the Old Law.