Canada    FinTech Guide    Chapter 12    Thailand


12. Online-Pawning
Thailand  Thailand


Legal Affairs


There are no specific laws or regulations prescribing online pawning. Currently, pawning in Thailand is governed by the general provision of pledge under the Civil and Commercial Code (CCC). The provision prescribes that the pledge will be legally valid when the pledgor delivers any movable property to the pledgee as a security for the performance of an obligation, and the agreement need not be in writing.

On November 5, 2015, the Business Collateral Act B.E. 2558 (2015) (BCA) was passed into law.The BCA establishes a new category of nominate contract called a “business collateral agreement,” in which a “security provider” places property with a “security receiver”, as security against debt repayment, with no requirement to deliver the property to the security receiver. However, the agreement must be registered online with the Department of Business Development (DBD).



Economic Conditions


No data available.



Miscellaneous


Online pawning may not be legally enforceable, unless the movable property has been delivered so it is in the possession of the pledgor.

Please note that private pawnshops in Thailand provide online services for valuation of property, but the pledge agreement must be concluded at the pawnshop, whereby the pledgor delivers the movable property to the pledgee.



Contributing Authors

Tilleke & Gibbins - Thailand

Athistha (Nop) Chitranukroh
Bangkok, Thailand


Piyanuj (Lui) Ratprasatporn
Bangkok, Thailand

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Chapter Index:


1. Payment Services / Mobile Payment

2. Asset and Portfolio Management

3. Consulting and Broking Services / Robo-advisory / Auto-trading

4. Trading Platforms / Social Trading Platforms / Signal Following

5. Crowdfunding / Crowdinvesting / Crowdlending

6. Virtual Currency - Bitcoin

7. Loan Services / Factoring / Loan Broking / Finetrading

8. Online Banking Services

9. Analytics and Research / Data Management / Risk Management

10. Accounting

11. Identification

12. Online-pawning

13. InsurTech

14. RegTech

15. Initial Coin Offerings (ICOs)

Disclaimer:
The information in this guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.

Publication Date: 1 May 2018