Start Your Business in Thailand: Comprehensive Company Registration Services
Thailand remains one of Southeast Asia's most attractive hubs for foreign investment. With its strategic location, robust infrastructure, and welcoming culture, the Kingdom offers immense opportunities for entrepreneurs. However, navigating the legal landscape of company registration in Thailand can be complex for foreign nationals.
At PS Law & Business, we simplify this process. Whether you are a solo entrepreneur, a growing SME, or a multinational corporation, we guide you through every step of incorporation, ensuring full compliance with Thai law while maximizing your operational control.
Choose the Right Business Structure
Thailand offers several legal structures for foreign investors. Choosing the right one is critical for your tax liability, foreign ownership rights, and ability to secure work permits.
1. Thai Private Limited Company
The most common form of business entity. It is a separate legal entity from its shareholders, offering limited liability protection.
- Foreign Ownership: Generally limited to 49%, with 51% held by Thai nationals. However, foreigners can control the company through preferential voting rights and protected director powers.
- Requirements: Minimum of 2 shareholders (reduced from 3 in recent regulations) and at least one director.
- Best For: Most businesses operating in the local market. Learn more about Limited Company registration.
2. Board of Investment (BOI) Promotion
For businesses in specific industries (such as tech, manufacturing, or export), the Thailand Board of Investment (BOI) offers powerful incentives.
- Foreign Ownership: 100% foreign ownership is permitted.
- Benefits: Significant corporate income tax exemptions (up to 8 years), exemption from import duties on machinery, and easier visa/work permit processing for foreign experts.
- Best For: Tech startups, manufacturing, and high-value services. See if your business qualifies for BOI.
3. US Treaty of Amity
A special treaty between Thailand and the United States allows American citizens and companies to maintain majority ownership.
- Foreign Ownership: 100% US ownership permitted.
- Restrictions: Cannot own land or engage in certain reserved professions (e.g., communications, domestic transport).
- Best For: American citizens and US-owned corporations. Explore US Treaty of Amity benefits.
4. Foreign Business License (FBL)
Foreigners wishing to operate in restricted sectors (under the Foreign Business Act) can apply for a specialized license.
- Foreign Ownership: Allows for majority or 100% foreign ownership in restricted sectors if approved.
- Difficulty: The approval process is rigorous and based on the unique value the business brings to Thailand.
- Best For: Specialized businesses that do not qualify for BOI but need 100% ownership. Read about the Foreign Business License.
5. Branch Office & Representative Office
International companies can establish a presence in Thailand without forming a separate limited company.
- Representative Office: Cannot earn income in Thailand. Strictly for market research, quality control, or sourcing.
- Branch Office: Can earn income but is treated as an extension of the foreign parent company, bringing distinct tax liabilities.
Quick Comparison: Which Entity is Right for You?
| Entity Type | Foreign Ownership | Work Permit Eases | Key Benefit |
|---|---|---|---|
| Thai Limited Company | Max 49% (usually) | Standard | Fastest setup; flexible activities. |
| BOI Company | 100% | High (One Stop Service) | Tax holidays & full ownership. |
| US Treaty of Amity | 100% (US Only) | Standard | Full American control without BOI. |
| Representative Office | 100% | Limited (2-5 permits) | Low compliance; no income tax (non-trading). |
The Registration Process: Step-by-Step
- Name Reservation: We reserve your company name with the Department of Business Development (DBD). It must be unique and not conflict with existing entities.
- Filing the Memorandum of Association (MOA): We draft and file the MOA, which details the company's objectives, capital, and shareholders.
- Statutory Meeting: A formal meeting is held to approve the Articles of Association and appoint directors.
- Registration: We submit the final application to the DBD. Once approved, your company is a legal entity.
- Tax & VAT Registration: If required (revenue over 1.8M THB/year), we register your company for VAT and obtain a Tax ID card.
Frequently Asked Questions
Q: What is the minimum capital requirement to register a company?
A: For a standard Thai Limited Company, the minimum registered capital is usually 2 million THB if you intend to hire a foreign employee (to support one Work Permit). If no foreigners are employed, the capital can be as low as 15 THB per share, though 100,000 THB is a practical minimum for credibility.
Q: Can I own 100% of my company as a foreigner?
A: Yes, but only through specific channels such as BOI promotion, the US Treaty of Amity, or by obtaining a Foreign Business License. Otherwise, you are generally limited to 49% ownership in a standard limited company.
Q: How long does the registration process take?
A: A standard Thai Limited Company can be registered in 1-2 weeks. However, BOI applications or Foreign Business Licenses can take 3-6 months due to the detailed government review process.
Q: Do I need a physical office address?
A: Yes, a registered Thai address is required for incorporation and VAT registration. We can assist you in reviewing lease agreements to ensure the location complies with commercial registration rules.
Further Reading
- The Board of Investment of Thailand (Official Site) - Detailed guide on investment incentives and promoted activities.
- Department of Business Development (DBD) - Official data on business registration statistics and rules in Thailand.
