Category: Company Registration
Capitalization for Foreign Business in Thailand
The Foreign Business Act of 1999 restricts and regulations foreign business activity in Thailand in order to protect Thai businesses and one of the ways it does so is through specifying rules regarding the capitalization of foreign businesses in Thailand. Notably, although retail is restricted under (14) of Annex 3 of the Foreign Business Act, […]
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. […]
Thai-U.S. Treaty of Amity Frequently Asked Questions
The purpose of this article is to address a few questions that are frequently raised by clients regarding the Thai-U.S. Treaty of Amity, which allows U.S. citizens and companies to be exempted from most of the restrictions of the Foreign Business Act of 1999. Although the meaning of the Treaty of Amity itself is rather […]
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 […]
Company Registration: Shareholder Meetings
Shareholder meetings form an important element of Thai company law, as Section 1144 of the Civil and Commercial Code states that “Every limited company shall be managed by a director or directors under the control of the general meeting of shareholders and according to the regulations of the company.” Therefore, shareholders play an important, albeit […]
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 […]
Limiting the Authority of a Company Director
When foreign investors do business in Thailand, it is often more expedient to hire a Thai person to serve on the board of directors along with the foreign directors. Generally, Thai law does not require a limited company to have a Thai national to serve on the board of directors. Furthermore, maintaining control of the […]
Requirements for the Application of Foreign NGOs in Thailand
In the previous articles, we went into some detail regarding the operation of foreign NGOs in Thailand, including a list of information that a foreign NGO must submit to the Committee if it wishes to establish an office in Thailand or to send any of its official to work here. However, we also discussed that […]
Primary Laws Governing the Operations of Foreign NGOs in Thailand
As mentioned in the previous article (Operating a Foreign Non-governmental Organization in Thailand), one of the two primary laws governing the operations of foreign NGOs in Thailand is the Regulations of the Ministry of Labor and Social Welfare on the Entry of Foreign Private Organizations to Operate in Thailand B.E.2541 (1998). The aforementioned regulations detail […]
Operating a Foreign Non-governmental Organization in Thailand
Non-governmental organizations (NGOs), both domestic and foreign, play an important role in advancing civil society and economic development in Thailand. Foreign NGOs represent a potential source of technological transfer and material support, which is vital for a developing country. However, international organizations that may be interested in operating in Thailand must first contend with a […]
