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Foreign Business License in Thailand

Application Process Simplified for Foreign Investors, Shareholders & Companies

foreign business license thailand

Foreign Business License is Mandatory for all Foreign Investors in Thailand!

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  • If you are not from Thailand and want to start a company in Thailand, you have to Apply for Foreign Business License in Thailand if your target business falls in the categories as listed below:
  • List 1 Businesses: Prohibited to foreign citizens, except special exemption mentioned by a treaty or a law
  • List 2 Businesses: Owned by foreign citizens, opened and activated before enactment of FBA
  • List 3 Businesses: Similar to List 2, except that the Foreign Business License for foreigners who set up new companies in the country issued by the Director General and a Committee
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How Thai Law Separates Foreigners?

  • Non-registered juristic person in Thailand
  • Registered juristic person in Thailand having the following characteristics;
  • Limited company, where almost 50% of the capital shares are held by the foreigner(s)
  • Partnership firms, where 50% of the capital is invested by the foreigner(s)
  • Limited partnership, where a foreigner is the managing partner/manager

Foreign Business Licnese in Thailand: Terms & Conditions

The Applicant -

  • Must have attained the age of 20
  • Should not have a history of being or be a bankrupt
  • Must not be an incompetent
  • Have a residency or should be permitted to enter Thailand temporarily
  • Never had a revoked license under Notification No. 281

Foreign Business Act for Foreign Business License in Thailand

LIST

01

Businesses Restricted to Foreign Investors

  • Newspaper publication, TV Station and Radio Broadcasting
  • Trading and Auctioning of the Thai Antiques Land Trading

LIST

02

Businesses Permitted to Foreigners under Special Conditions

  • Production, repairing and selling of firearms and explosives
  • Domestic land and waterway or air transportation
  • Production, selling, aircrafts and military vehicles
  • Production of musical instruments of Thailand
  • Production of nielloware, lacquerware and silverware
  • Manufacturing sugar from sugarcane Wood fabrication and utensil production

LIST

03

Businesses Not Yet Allowed to Foreigners as Thai Nationals are Unequipped for Competition

  • Production of Lime Tour Agency Architecture Service Business
  • Production of Plywood Selling Food or Beverages Engineering Service Businessbrication and utensil production

Process to get Foreign Business License In Thailand

Steps:

  1. File an application with the Commercial Registration Department followed by review made by the Foreign Business Committee.
  2.  Criteria including nation’s safety, local employment and socio-economic development will be considered before approving a business license application.
  3.  Business license application approval is more likely when it is proved that the business will provide significant benefits while protecting and promoting Thai interests.
  4. Usually, the application process for a Thailand foreign business license is complex and time consuming. It will take a minimum of four months to obtain the license.

Frequently Asked Questions

The foreign applicant will have to pay 2,000 THB in order to obtain the license, whereas those who are under List 2 and 3 will have to pay 3,000 THB. However, the fee is subjected to change based on the requirement.

It would take at least four months for any foreigners to receive a decision on the application of foreign business license.

The impact on the Thai employment, benefits to the public and transfer of technology are few factors that affect approval of the license.

A foreign business license may grant a foreigner 100% ownership for certain types of businesses.

Generally, it is 2 million baht and 3 million baht for the businesses that falls under the List 2 and List 3.

This can be done in two ways;

Ask the BOI or the IEAT to allow a special privilege As long as the Amity Treaty is not renewed, one can build a company under the FBA allowing American businesses and citizens to hold a major percentage of share

 The application process is very complex and may take months. Seeking assistance of a legal expert is therefore recommended.

CONTACT US

KONRAD LEGAL COMPANY LIMITED

2 Pacific Place Building, 12th Floor,
Unit 1209, No.142, Sukhumvit Road,
Klongtoey, Bangkok 10110

Phone: +66 2626-0277

officer@konradlegal.com
info@konradlegal.com

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