Category: Company Law

Foreign Business: Wholesale and Retail Minimum Capital Requirements

The Foreign Business Act of 1999 restricts both wholesale and retail businesses from foreign investment, with exceptions depending on the amount of minimum capital. However, the conditions under which a foreign business may engage in either is not exactly the same and furthermore the issue is complicated by other minimum capital requirements in the Act. […]

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Developing a Luxury Hotel for Rent in Thailand

Thai law does not require condominium projects to be registered under the Condominium Act of 1979 and accordingly a popular type of development that is found in the tourist resort areas of Thailand is the unregistered condominium, which is usually marketed as luxury hotels. Typically, the investors who purchase units in such projects do not […]

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Introduction to the Technology Transfer Plan

Foreign investors in Thailand, who will be investing a majority of the capital in a business venture, have the option of applying for a Foreign Business License if the intended business is restricted under the Foreign Business Act of 1999. However, in order for the application to be approved, an important requirement is that the […]

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Thailand Relaxes Foreign Trading and Exchange Regulations

The unprecedented and alarming imbalance between the Thai baht and foreign currencies forced the Ministry of Finance and the Bank of Thailand to ease the rules on capital outflows. This was to reduce the pressure on the Thai baht and the adaptive regulations were to become effective in November last year. The easing of the […]

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Thailand Promotes Major Infrastructure Projects for 2021

In a recent foreign press conference, Deputy Secretary-General Kobsak Pootrakool and Secretary of Thailand’s Council of Economic Ministers said that the kingdom’s economic growth in the next five years would be based on and derived from its present and substantial infrastructure investment. He pointed to present global economic recurring downtrends and geopolitical and commercial unrests […]

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Foreign Business Law of Thailand Q and A

The foreign business law of Thailand is quite in depth, so it is helpful to review a more detailed series of questions, especially some often over-looked points, for the benefit of foreign investors interested in doing business in Thailand. Starting from what time can a foreign company that has received permission to operate business in […]

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Setting Up Company Partnerships under Thai Law

The Civil and Commercial Code of Thailand provides for the formation of partnerships as is found in the laws of other countries. However, partnerships are normally not formed by foreign investors due to particular difficulties that arise due to the Foreign Business Act of 1999. Generally speaking, the formation of a limited company is more […]

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Mergers and Acquisitions: Corporate Income Tax Implications

Under the Revenue Code of Thailand, what are the corporate income tax and other tax implications arising after a merger and acquisition? The basic principle under Thai law is that after a merger, the amalgamated company inherits the rights and liabilities of the former companies.1 This principle is particularly relevant in terms of tax liability. […]

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Working in Thailand as Foreign Entrepreneur

A foreigner who desires to make Thailand his or her home, but who may not be married to a Thai spouse or have a job offer from a Thai company, might consider starting a business enterprise in order to stay in the country. The idea is particularly attractive because, with a company in Thailand, one […]

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Rules and guidelines on how a foreign company may set up its own Representative Office in Thailand

Previously, we discussed the main characteristics and features of the Representative Office according to Thai law, including its main purpose and the activities in which it is allowed to conduct. In this article, we will address the rules and guidelines regarding how a foreign company may set up its own Representative Office in Thailand. Generally […]

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