Thailand Law Blog

Business Activities that Foreigners Cannot Fully Own Under the BOI Promotion

According to Thai laws, foreign investors who wish to establish a business in Thailand are restricted to the percentage of foreign shareholding allowed in a Thai company. A Thai company requires Thai nationals to hold the majority of its shares. Otherwise, the company is considered as a foreign own company and required to obtain for […]

Continue Reading

Overview of a Corporate Income Tax in Thailand

The term corporate income tax shall be applied to either business incorporated in Thailand or foreign business which generates an income in Thailand. A Thai company refers to a company incorporated under Thai Law while foreign company refers to a company incorporated under Foreign Law. Specifically, the term applies to the following business entity; a […]

Continue Reading

Usufruct in Thailand

Foreigners being forbidden to own land in Thailand are finding ways and means to be able to access and possess land legally. The most common mode of possession and control used is undertaking a lease agreement. However, there is another mode although not as popular but equally efficient. This option is undertaking a Usufruct Agreement. […]

Continue Reading

Legal Effect of a Blank Share Transfer Instrument

A Blank share transfer instrument is widely used in a company limited whereby a current shareholder of a company, as a transferor, pre-sign a share transfer instrument and does not  specify any particular name of the transferee, in other words, the name of the transferee is kept blank. It is questioned whether the blank share […]

Continue Reading

Allowed Provisions in a Prenuptial Agreement in Thailand

A reading of the Thai Civil and Commercial Code on property between husband and wife will tell us what provisions are not allowed to be included in a prenuptial agreement in Thailand. To start with, the Thai CCC section 1465 gives a general qualification that any clause in the agreement which is contrary to public […]

Continue Reading

Duties and Liabilities of the Lessee and Lessor – Thailand Property Lease

In every contract of lease, there is always a lessee (also known as the “hirer” under Thai law) and a lessor (who is also called the “letter”). The lessee, as well as the lessor, has rights and duties under the contract of lease. Thai law allows foreigners to lease real properties in Thailand such as […]

Continue Reading

Thailand BOI – FAQ

Q: How can a foreigner invest in Thailand? A: Foreigners will normally invest in following business entities: By Thai Company Limited with Thai majority own By foreign majority own with Foreign Business License (FBL) By foreign majority own with an exception of FBL i.e. BOI, U.S.-Thai Amity-Treaty Q: What is the corporate tax structure for […]

Continue Reading

BASIC RULES: Purchasing Condominium Units in Thailand

Since foreign nationals cannot acquire land in Thailand most are confined to the option of purchasing condominium units. The New Thailand Condominium Act of 2008 (B. E. 2522) provides for the guidelines and the regulations that covers all matters pertinent to condominiums, initially from Registration of a Condominium Project, Ownership of a Condo Unit, about […]

Continue Reading

Is it Possible for Foreigners to Register a Partnership in Thailand?

While incorporating a partnership for Thai nationals is considered very simple with less restriction, partnership for Foreigners are restricted by, again, Foreign Business Act. There are two types of Partnership in Thailand, ordinary partnership and limited partnership. In general, according to Thailand Civil and Commercial Code, a partnership is “A contract whereby two or more […]

Continue Reading

Guideline to Foreigners Getting Married in Thailand

A great number of foreigners have been flying to Thailand to celebrate and register their marriage in the Land of Smiles. Some would be marrying their Thai sweethearts, while some would go to Thailand to marry their likewise-foreigner fiancee. Whatever the partnership may be, a little coaching for the foreign party will probably do good […]

Continue Reading