Options For Foreigner To Set Up Business in Thailand

Set Up Your Company with W Law International (Thailand). Best Corporate Lawyer for Company Incorporation Enhancing Opportunity to own 100% share by applying for BOI, FBL, FBC, EEC, TREATY, FREE TRADE AGREEMENT, INTERNATIONAL PARTNERSHIP

Thailand is an excellent destination to start a business, thanks to its abundance of resources. The country consistently attracts newcomers, including investors, expats, retirees, and tourists. As a result, the Thai government offers various privileges to foreigners looking to establish businesses in the country.

We at W Law International (Thailand) are pleased to provide you with relevant information to support your consideration of your new business plan.

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Step 1: Can foreigner own 100% in a company in Thailand.

The first thing to check is whether your business type is restricted under the Foreign Business Act. If it is, foreigners cannot operate the business in Thailand under their own name. However, a solution is available through the 49/51% business structure, which allows for foreign involvement. Click here for Company Incorporation Service

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Additionally, we offer legal services to design a corporate structure that strengthens voting rights for minority shareholders, as well as other arrangements to maintain control over the company through Special Articles of Association (AOA), Shareholder Agreements, and other relevant contracts.

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Although certain types of businesses are restricted for foreigners, they may still be allowed to own a majority or 100% of the shares in the company by applying for an exemption i.e. Foreign Business License (“FBL”), Board of Investment License (“BOI”), Thai-USA Amity Treaty, Thai-Australia Free Trade Agreement (“TAFTA”), Japan-Thai Economic Partnership (“JTEPA”)

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Contact us for FREE to check your type of business whether it is permitted to be 100% foreign own Click contact form

Step 2: If your type of business is restricted but you are US Citizen, you can apply for Thai – US Amity Treaty

Thai – US Amity Treaty allows a US Citizen to conduct a business in Thailand with the exemption of Foreign Business Act, which means a company which minimum 50% share owned by US and up to 100% can apply for this license.

For further information about Thai-US Amity Treaty CLICK HERE

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Contact us for FREE consultation Click contact form

Step 3: Company Incorporation or Company Establishment or Company Registration according to Thai Laws

To Establish a Company Limited in Thailand helping the owner to have separated juristic person to have a right and obligation as stipulated by Laws especially the responsibility of each shareholder is limited to the unpaid share value hold by each shareholder.

Minimum 2 shareholders are required for company incorporation, with minimum registered capital of THB 10, however, popular number of registered capital is THB 1,000,000 for usual Thai company and THB 2,000,000 for foreign involved company as it effects the staying permit issue. Notwithstanding, number of registered capital should be stipulated in accordance with actual investment.

Our fee for company incorporation Click here

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Contact us for FREE consultation Click https://www.w-lawthai.com/en/request-proposal-en/

Some type of business is promoting by Board of Investment “BOI” as a result such company may get special benefits from Thai government such as Tax Exemption, Tax Rate Reduction, Own the land, foreign employee ratio with special condition and especially the opportunity to own 100% share of the company.

Step 4: Check the special advantage of BOI (Board of Investment of Thailand) as your company may be qualified.

For further information about BOI CLICK HERE

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Contact our BOI Lawyer for FREE consultation Click https://www.w-lawthai.com/en/request-proposal-en/

Step 5: Set up as Representative Office or Regional office by obtaining foreign Identification no. for foreign juristic person

Foreign Entity is allowed to set up representative office in Thailand with the condition that the representative cannot earn in Thailand and cannot do the business deal except for the following scope:

1. Sourcing material or service for the headquarter.
2. Quality check and control of the product purchased by headquarter in Thailand.
3. Product advisory which is sold by headquarter in Thailand.
4. Marketing and PR for new product or service of the Headquarter.
5. Report business activity in Thailand to headquarter.

Foreign Entity is also allowed to set up regional office in Thailand, if there is its branch or affiliates in Asia, scope of activities of the regional office are as the following:

1. Coordinate and control the operation.
2. Provide consultation and management.
3. Training and Human Resource Development.
4. Financial Management.
5. Marketing planing.
6. Product Development.
7. Product Research.

Representative Office and Regional Office are exempted the usual work permit and visa regulation by reducing the ration of 4 Thai to 1 Foreigner to 1 Thai to 1 Foreigner.

For further information please contact us for FREE CONSULTATION.

Step 6: Staying Permit for foreign director and foreign staff

If the company needs to employ foreign employee including foreign owner of the company, the company must be qualified according to the following requirements:

1. Registered Capital of THB 2,000,000 per one foreigner
2. Four Thai employees per one foreigner

Your company must also submit withholding tax form and social security properly every month before allowing to employ foreign employee.

Furthermore, Non Immigrant “B” should be applied from Thai embassy at other country by preparation of supporting document of your company in Thailand, conversion from tourist to Non Immigrant “B” can be arranged case by case.

For further information about Options to stay in Thailand CLICK HERE

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Contact us for FREE consultation Click https://www.w-lawthai.com/en/request-proposal-en/

Step 7: Licensing for your company

To conduct any business in Thailand, usually it is required to have specific license(s) for such business such as restaurant license, alcohol selling license, cannabis growing and selling license, factory license, hotel license, FDA for food, cosmetic & medicine, massage and spa license, etc.

Therefore, to make sure you have followed relevant Laws and Regulations, you must check which license(s) is required for your business.

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Contact us for FREE consultation Click contact form

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W Law International (Thailand) is a full services Law Firm established since 2010, provides legal services covering Corporate Law, Property Law, Immigration Law, Litigation, and all type of document certification. We provide legal services from Bangkok, Pattaya and Phuket.

Tel: 026485111

Line: @wlaw

Email: contact@w-lawthai.com

Bangkok Office: 989 Siam Piwat Tower 12A Floor, Unit B1-B2, room no. 1252, Rama I Road, Pathumwan Sub-District, Pathumwan District, Bangkok Metropolis 10330 THAILAND

Pattaya Office : 333/102 Moo 9 Central Festival Pattaya Beach 4th Floor, unit RMU411, Nongprue,  Banglamung, Chonburi Province 20150

Phuket Office: 63/202 Moo 2 Royal Phuket Marina, MC2 Building, Room No. 023, Thepkasattri Road, Kohkaew District, Muang Phuket District, Phuket Province 83000