Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Operating a Digital-Asset Business Without a Licence in Thailand
Running a digital-asset exchange, or acting as a broker or dealer, in Thailand without the required SEC licence is a criminal offence under the Digital Asset Business Decree.
Emergency Decree on Digital Asset Businesses B.E. 2561 (2018)
Imprisonment and/or substantial fines, plus SEC enforcement and shutdown
serious
Definition
Running a digital-asset exchange, or acting as a broker or dealer, in Thailand without the required SEC licence is a criminal offence under the Digital Asset Business Decree. Under Thai law, this offence is classified as a serious offence within the category of Digital Asset & Crypto Law.
Legal Basis
Emergency Decree on Digital Asset Businesses B.E. 2561 (2018)
Primary legislative provision for operating a digital-asset business without a licence offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Operating an exchange, broker or dealer, or soliciting Thai customers for such services
Without holding the licence the Decree requires
Penalties
Maximum Penalty
Imprisonment and/or substantial fines, plus SEC enforcement and shutdown
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Holding the relevant SEC licence and operating within its conditions
The activity falls outside the Decree's definitions of a regulated digital-asset business
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Offshore platforms that actively solicit Thai users can fall within Thai jurisdiction. Investors should use SEC-licensed operators — it is also the condition for the 2025–2029 tax exemption on gains.
When Legal Representation Matters
If you are accused of operating a digital-asset business without a licence or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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