Crypto Law Profile

Thailand Emergency Decree on Digital Asset Businesses B.E. 2561 (2018)

Thailand’s Digital Asset Business Decree regulates digital token offerings and licensed digital asset businesses, with SEC/MOF supervision, client-asset, AML, market-abuse, and 2025 offshore-platform amendments.

Thailand Effective Emergency decree May 14, 2018

At a glance

Jurisdiction Thailand national digital asset business framework.
Status In force from May 14, 2018; amended in 2025.
Regulators Minister of Finance, SEC, and SEC Office supervise the regime.
Core scope Covers digital token offerings and licensed digital asset businesses.

Overview

Thailand’s Emergency Decree on Digital Asset Businesses B.E. 2561 (2018) is the national statute for digital asset business supervision, digital token offerings, and digital asset market conduct in Thailand. The decree was published in the Government Gazette on May 13, 2018 and came into force on May 14, 2018. As of June 5, 2026, it remains in force as amended, including the 2025 No. 2 amendment addressing offshore platforms serving users in Thailand.

What the Thailand digital asset decree covers

The decree defines digital assets as cryptocurrencies and digital tokens. Cryptocurrencies are electronic data units used as a medium of exchange for goods, services, rights, or exchanges between digital assets. Digital tokens specify rights to participate in an investment project or business, or rights to acquire specific goods, services, or other rights under an issuer-holder agreement.

The decree originally categorized digital asset businesses as exchanges, brokers, dealers, and other digital-asset-related businesses prescribed by the Minister of Finance on the SEC’s recommendation. Thailand’s SEC has since described six supervised operator types: exchange, broker, dealer, fund manager, advisory service provider, and custodial wallet provider.

Digital token offerings and ICO portals

Public offerings of newly issued digital tokens generally require an eligible juristic-person issuer, SEC Office approval, registration statement and draft prospectus filing, and use of an approved digital token portal service provider. Token offerors also have ongoing reporting duties for business results, financial condition, and holder-impacting information.

Licensing, custody, AML, and market conduct

  • Business licensing: A digital asset business operator must obtain a license from the Minister of Finance on the SEC’s recommendation.
  • Operating standards: SEC rules may address capital, client-asset safety, cybersecurity, accounting, audit, KYC, customer due diligence, AML, and terrorism-financing controls.
  • Client assets: Operators keeping client assets must maintain separate client accounts, segregate client assets, and avoid using them for other purposes.
  • AML status: Digital asset business operators and digital token portal service providers are treated as financial institutions under Thailand’s AML law.
  • Unfair trading: The decree includes market-conduct provisions for false statements, inside information, market manipulation, and related exchange conduct.

2025 offshore-platform amendment

The Emergency Decree on Digital Asset Businesses (No. 2) B.E. 2568 (2025) expanded the licensing perimeter to include a digital asset business operator that operates outside Thailand but provides services to persons within Thailand, unless the SEC specifies an exception. Relevant characteristics include Thai-language displays, “.th” or Thai-language domains, Thai-baht payments or Thai accounts, Thai-law clauses, search-engine access targeting users in Thailand, local offices, local entities, or local support personnel.

The SEC stated that the 2025 amendments took effect on April 13, 2025 and allow Thai authorities to more quickly restrict unlicensed foreign digital asset platforms soliciting or advertising services to investors in Thailand.

Status and timeline

DateEventStatus
March 13, 2018Cabinet approved the draft emergency decrees in principle.Approved in principle
May 10, 2018Emergency Decree given by the King.Adopted
May 13, 2018Published in the Government Gazette.Published
May 14, 2018Digital Asset Business Law came into force.In force
August 14, 2018Deadline for pre-existing operators to apply under the transition provision.Transition
April 13, 2025No. 2 amendment took effect, clarifying offshore-platform reach.In force

Editors should classify the decree as Thailand’s in-force digital asset business, token issuance, custody, AML, and market-conduct framework. The English SEC translation is useful for reference, but it notes that only the original Thai text has legal force.

Key provisions

Digital asset definitions

Defines digital assets as cryptocurrencies and digital tokens, with SEC power to specify additional electronic data units.

Market perimeter May 14, 2018 Source

Digital token offering rules

Public digital token offerings require eligible issuers, SEC Office approval, registration statement and draft prospectus filing, and an approved portal.

Token Issuance May 14, 2018 Source

Digital asset business licensing

Digital asset business operators must obtain a Minister of Finance license on SEC recommendation, subject to prescribed procedures and fees.

Licensing & Registration May 14, 2018 Source

Six supervised operator types

SEC materials identify six supervised types: exchange, broker, dealer, fund manager, advisor, and custodial wallet provider.

Licensing & Registration Source

Client asset segregation

Operators holding client assets must keep separate client accounts, segregate client assets, and avoid using those assets for other purposes.

Custody May 14, 2018 Source

AML financial institution status

Digital asset business operators and token portal providers are treated as financial institutions under Thailand’s AML law.

AML/CFT May 14, 2018 Source

Unfair digital asset trading

The decree includes market-conduct rules for false statements, inside information, manipulation, and related exchange-trading misconduct.

Market abuse May 14, 2018 Source

Offshore-platform reach

The 2025 amendment treats specified offshore operators as serving persons in Thailand and therefore within the licensing perimeter.

Market perimeter Apr 13, 2025 Source

Timeline

  1. Cabinet approval in principle

    Cabinet approved in principle the draft digital asset and Revenue Code emergency decrees.

    Adopted Source
  2. Emergency Decree given

    Emergency Decree was given by the King under the 2018 text.

    Adopted Source
  3. Government Gazette publication

    The decree was published in the Government Gazette.

    Published Source
  4. Digital asset law effective

    The decree became effective and Thailand’s SEC announced the Digital Asset Business Law was in force.

    In force Source
  5. Transition filing deadline

    Pre-existing operators that wished to continue operations had to file an application by this date.

    Effective Source
  6. Payment/sandbox amendments

    SEC amendments on digital assets as means of payment and BOT sandbox participation took effect.

    Effective Source
  7. Custody-provider amendment

    SEC digital asset business regulations for custodial wallet provider arrangements took effect.

    Effective Source
  8. No. 2 amendment effective

    Offshore-platform and cybercrime-related amendments took effect under No. 2 B.E. 2568.

    In force Source

Who it affects

Actors

Minister of Finance, Ministry of Digital Economy and Society, Ministry of Finance, SEC Office, Thai SEC

Asset classes

Cryptocurrencies, Digital assets, Digital tokens

Official sources

Editorial note

National Thai emergency decree. Treat as in force and as amended; English translations are unofficial references, and the original Thai text controls.