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From these laws and regulations, it can be surmised that the virtual
currency business is not a kind of financial institution business under the Act,
and therefore has no need to register as a public limited company and to
obtain a specific financial institution license in order to operate their
businesses in Thailand.
To this extent, in the case of Libra and authorized resellers, the latter
may not be considered as a type of commercial banking business under the
Financial Institution Business Act.
4.2.2.4 The Payment System Act B.E. 2560 (2017)
As previously mentioned, the virtual currency business may not fall
within the scope of the designated payment service business under the
(34)
Payment System Act. In particular, Section 16 states that the following
payment services may be prescribed in the notification issued by the Bank of
Thailand as the designated payment service, Section 16 of which
encompasses: ç...(1) provision of credit card, debit card, or ATM card services;
(2) provision of an electronic money service; (3) provision of a service of
receiving electronic payment for and on behalf of sellers, service providers or
creditors; (4) provision of a service of transferring money by an electronic
means; (5) other provisions of the payment services which may affect the
financial system or public interest...é. As a virtual currency business, Libraûs
authorized resellers are not the types of business proscribed in Section 16, and
therefore the businesses are not subject to the payment service business
license requirements.
(34)
The Payment System Act B.E. 2560 (2017), <https://www.bot.or.th/English/AboutBOT/
LawsAndRegulations/SiteAssets/Law_E40_Payment.pdf> accessed 1 December, 2019.
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