Name
Global FinTech Guide
Country _ Name
Thailand
SectionTitle
Signature requirements
Body
The signature requirements pertain the legal or contractual requirements in order to make a legally effective declaration of intent or a legally binding contract.

Possibility to replace a specific formal requirement of making a binding declaration of intention

In Thailand, the law that governs electronic transactions, including electronic signatures, is the Electronic Transaction Act B.E. 2544 (2001), as amended (ETA). The main concept of the ETA is that information will not be denied legal effect and enforceability solely on the grounds that it is in the form of a data message. Furthermore, if a particular contract needs to be evidenced in writing, information generated in the form of a data message that is accessible and usable for subsequent reference without its meaning being altered may be deemed to be a written document. 

The ETA also recognises the validity of electronic documents, or data messages, which bear an electronic signature.

Presence of any specific formal requirements to effectively conclude a loan agreement

Yes, according to the Civil and Commercial Code (CCC), loans exceeding THB 2,000 (approx. USD 58) must be made in writing and must bear the signature of a borrower.

Process of conclusion of a contract by using a qualified electronic signature in practice

The ETA recognises the use of electronic signatures that are created in accordance with the requirements in the ETA.

An electronic or digital signature can be used for any type of agreement – except for certain types specified by royal decree under the ETA, such as matters relating to family law and succession law. 

From a practical standpoint, certain types of documents or contracts – such as those that are required to be submitted in physical, hard copies for registration purposes with governmental authorities – may not be able to be made or signed electronically.

A vendor of digital signature tools or services is not subject to a registration or license requirement. However, certificate authorities (CAs), which issue the certificate for digital signatures using public key infrastructure (PKI) must be approved by Thailand’s Electronic Transactions Development Agency. Approved CA service providers in Thailand include the National Root Certification Authority of Thailand (NRCA), Internet Thailand Public Company Limited (INET), Thai Digital ID Company Limited (TDID), and National Telecom Public Company Limited (NT).

Legal consequences to a contract in case of not fulfilling formal requirements

In principle, a contract that does not comply with the legal formalities would be void and unenforceable.
 

Usual practice of signing contractual agreements in the B2B sector

Electronic or digital signatures have become prevalent in execution of the agreements in the B2B sector, particularly in the e-commerce and tech industry. Some traditional wholesale, retail, and agricultural businesses may still prefer ink signatures over electronic or digital signatures.

Usual practice of signing contractual agreements in the B2C sector

Similar to the B2B sector, electronic or digital signatures have become a common practice, though handwritten signatures are still in use as well.

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