OVERVIEW
Doing Business in Thailand
Companies and partnerships are the two main classifications for business organizations in Thailand. Additionally, there are options such as branch offices, representative offices, and regional operating headquarters. To determine the most suitable business structure to suit your business needs, the guidance of a Thai lawyer is essential. They possess the necessary knowledge, expertise, and experience in Thai laws and the practicalities of business operations. Moreover, they can provide valuable assistance in the process of business registration, which is the initial requirement for all businesses. They can efficiently handle the preparation of required documents and ensure proper filing with the relevant government agencies, making the process seamless.
For Foreigners Doing Business in Thailand should be aware of the distinct regulations that apply to foreign-owned businesses established or operating in Thailand under the Foreign Business Act. A foreign business is defined as a business with a foreign ownership exceeding 49%. If your intended business falls within the categories specified in the Act, you may face restrictions on operating the business altogether. Alternatively, you will need to obtain a Foreign Business License (FBL) before commencing operations. Additionally, you may be required to obtain industry-specific licenses from the Ministry of Commerce or apply for business promotion through the Board of Investment (BOI). If you are a US citizen, another option available to you is registering the company under the US-Thai Treaty of Amity, which allows foreigners to own more than 49% of the company’s shares.
BIZ-IN-THAILAND
- Legal system: Thailand’s court system and codified legal system.
- Foreign investment: Lists of reserved business activities, restrictions on doing business with certain jurisdictions, exchange controls and currency regulations, and grants and incentives available to investors.
- Business types: Ordinary partnerships, registered ordinary partnerships, limited partnerships, private limited companies, and public companies.
- Employment: Employment contract requirements, work permits, and termination and redundancy.
- Tax: Taxes on employment, tax and nontax resident employees and businesses, corporate income tax, value added tax, special business tax, municipal tax, stamp duty, dividends, interest, intellectual property royalties.
- Competition: Important aspects of Thailand’s regulatory regime surrounding competition, centered around the updated Trade Competition Act.
- Intellectual property: Patents, trademarks, registered and unregistered designs, and copyright.
- Data protection: An outline of Thailand’s Personal Data Protection Act.
- Product liability: Procedures and regulations for product liability and product safety, including the Unsafe Goods Liability Act and the Consumer Case Procedure Act.
- Product liability: Key regulatory authorities for trade competition, environmental issues, and financial services.