25th Jun, 2019
Understandably so. From the rich culture, the kind and open-hearted people, the flamboyant lifestyle, the white-sanded beaches, the nightlife – Thailand is a true haven when it comes to work-life balance.
Not many can afford to retire just yet though, and many are still in the midst of their careers. One could, of course, wait for the much-awaited retirement, but others, and perhaps also you, reading this article, may not want to wait that long before making the move. Perhaps, you even have a great business idea that you find ripe for the Thai market. No matter your motivation for considered to be starting a business in Thailand, we have dedicated this article.
Founding a business in Thailand is a popular choice for foreigners who want to live and work in the country, purchase property, or simply invest in its economy. As the Thai government welcomes new businesses to earn income and contribute to the local economy, it has implemented a set of procedures that must be followed to establish a business in Thailand.
However, compared to Western standards, a foreigner cannot fully own a business in Thailand, with only a 49% ownership limit, while the majority (51%) must be owned by a Thai citizen, except for businesses that are part of the special Board of Investment (BOI) program.
Establishing a business in Thailand may seem complicated, and it is highly advised to seek the assistance of a lawyer fluent in both Thai and English. Many forms must be filled out and submitted in Thai to multiple government agencies.
Foreigners who want to exceed the 49% ownership limit can apply for a foreign business license. This license is typically granted to foreign-owned businesses that are unique and do not compete with other Thai businesses, based on a large investment of money, a high number of Thais employed, and/or exceptionally strategic transfer of technology to Thais.
Additionally, to work in Thailand, a work visa is required, and we can assist you in attaining one. Our team can guide you through all the paperwork and requirements in this process.
If you’re considering doing business in Thailand as a foreigner, it’s important to understand the regulations and requirements to ensure a smooth process. By partnering with an experienced legal team, you can fulfill your dream of living and working in Thailand while contributing to its economy.
Before you register your business in Thailand, it’s important to consider which company structure will best suit your specific needs. There are several different options:
We’ll go through each of them below.
The sole trader structure, as elsewhere in the world, is intended for those looking to work alone. In Thailand, there are some professions in which a sole trader is prohibited from working, specifically in banking and finance. By law only limited companies can do this type of work.
Whether or not you’re able to set up this sole trader business structure in Thailand, will also depend on your nationality. A US citizen, for example, is able to set up a sole proprietorship business because of the Treaty of Amity between Thailand and America. Other nationalities may find some business areas are restricted to them.
If you’re thinking of setting up a partnership with others, you can choose one of several different structures. An unregistered partnership means that you and your partners are jointly liable for any debts incurred. Your personal and business tax affairs are considered as one. A registered partnership, on the other hand, splits your personal and professional tax matters by registering your business as a separate entity. You’d still be liable for the full amount of any debt incurred. A limited liability partnership is a popular option because it means that the tax and debt liability of any of the partners is limited to the amount of capital invested.
If you’re setting up a partnership, all partners must contribute something to the business, such as labour or capital for example.
Companies in Thailand can be set up as either private or public businesses. These structures are covered by different legislations and rules. There are registration fees based on the initial investment made, and minimum numbers of directors and shareholders required.
If one or more of these requirements are fulfilled, a foreigner is entitled to legally own a business in Thailand.
The ‘don’ts’ when it comes to buy a business in Thailand
Most of the serious problems we hear about when attempting to buy a business in Thailand, come from people who are widely inexperienced in doing business, don’t have a trustworthy and experienced business partner, get into trouble following tricky and dodgy guidance, and/or don’t do the proper research and work in their particular field or specialization.
Your success or difficulty will mostly depend on things like:
We, from Harwell Legal will gladly guide you through the whole process and take care of all necessities without any struggle or complications on your side.
With our years of knowledge and experience on our backs, we know and understand the exact steps required in the process and will make sure you will receive everything you need to start your dream of becoming your own business owner in Thailand.
Our staff is fluent in several languages and you can expect fast and reliable results.
Treaty of Amity and Economic Relations is an exclusive agreement between Thailand and the USA. Signed on May 29th, 1968 it gives US citizens the right to own 100% of a company in Thailand and vice versa.
You will need a lawyer to help you facilitate and navigate the technical rules involved in opening up a business under the Treaty of Amity. It goes without saying, of course, that you will still need a Thai national on your side. One you can wholeheartedly trust with your best interest in mind.
Starting a company under the Treaty of Amity costs twice as much compared to starting one of other corporation types mentioned above.
There are several businesses a foreigner can’t currently own in Thailand.
These include:
There are many things you, as a foreigner, have to beware of when striving to open your own business in Thailand.
With the right partners on your side, this dream can become your reality faster than you may thing though.
We, from Harwell Legal, are specialized in working together with foreigners.
If you have questions regarding this topic, or about our services in general, feel free to send us an E-mail to office@harwell-legal.com, or simply call us at +66 (0) 76 530 597.
We’ll gladly help you with all your legal needs!
Doing business in Thailand for foreigners is an exciting venture that presents numerous opportunities. This tropical paradise, known for its rich culture and dynamic economy, welcomes foreign entrepreneurs and investors to contribute towards its growth. However, there are specific regulations to navigate: foreigners can own up to 49% of a business, with the majority stake held by a Thai citizen, unless the company is part of the special Board of Investment (BOI) program. Notwithstanding, U.S. citizens can fully own a business under the Treaty of Amity. It’s crucial for foreigners to understand these rules and collaborate with experienced legal teams, such as Harwell Legal International, to ensure a seamless business setup process in Thailand.
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