Company Registration in Thailand Services by Thai lawyers

Company Registration in Thailand Services by Thai lawyers

TILALEGAL, with our English-speaking lawyers and years of experience working with the expat community can assist you in the formation of your company whatever your requirements, assuring swift completion in as little as 2 weeks.

Company Registration in Thailand Services:

thailand company registration services

Thailand company registrationWhat you need to know! Thailand is a rapidly-developing nation that offers a host of opportunities for businessmen of all kinds. For those wishing to expand their business to Thailand, we would recommend setting up a Thai limited-company rather than operating as an offshore company.

The process to register a Thai company is easy and the benefits are greater than operating offshore. At TILALEGAL, we have a staff of knowledgeable, English-speaking lawyers.

Our firm has extensive experience in Thailand company registration and has been setting up all types of businesses for more than 15 years. So if you wish to set up a limited-company in Thailand, we can help you and ensure that your business is operating in as little as 2 weeks.

The process to register a company in Thailand is mostly straightforward, but there are some difficulties that foreigners often experience. However, with our assistance, the process is relatively simple and easy, and we will ensure that you retain full control and ownership of your company.

If you're currently staying in Bangkok we can give you a free, no-obligation legal consultation to answer any of your questions and let you know more about what's involved in registering a company here in Thailand. Our firm's office is located near the Phom Prong BTS sky train station, for a map and directions you can find it on www.tilalegal.com/contact-us Simply let us know what date and time you'd like to meet.

If you're not currently in Bangkok, that is ok we are able to assist you remotely, however should you choose us to set up your Thai company you will just need access to a scanner should we require any documents from you.

See Our Thailand Company Registration Packages 2021

Note.For Thailand company registration, Thailand work permit, and Thailand visas, please note that TILA Legal can provide any service you need. Even if you do not have all of the documents required by the government, TILA Legal will work with you to ensure that your needs are met.

Note. You can contact our English speaking lawyer for more information or submit your business activities, questions and your contact details in the box below, we guarantee to respond within 24 hours.


The basics of limited-company registration in Thailand:

The most-utilized type of legal entity in Thailand is the limited-company, which is similar in structure to the Limited Liability Company (LLC) in the United States. A limited-company is owned by a minimum of three shareholders and managed by at least one director. One of the biggest advantages of the Thai limited-company is that it is legally a stand-alone company under Thai law.

As for company registration in Thailand, it’s important to be aware that at least 51 percent of a company’s shares must be held by Thai citizens. The remaining shares may be held by anyone. In spite of this, it is still possible for a foreigner to maintain a controlling interest in a company by issuing two separate classes of shares: ordinary and preferred.

Shareholders with ordinary shares have more voting rights in the company. At least one director is chosen by the shareholders. Only the director(s) is authorized to sign anything on behalf of the company, and individual shareholders are only liable to their percentage of shares.

Financially, when registering a Thai company, you must have at least two million THB of capital in order to be eligible for a work permit. However, this does not mean that you need to have this amount of money to start, it is merely the limited liability of your Thai limited company.

There is an exception if the company is established only to hold property, in which only one million THB is necessary.


Company registration in Thailand

Steps on How to Register a Thai Limited company in Thailand:


Step 1: Name reservation

Naturally, all businesses require a name, therefore you must first provide the desired name for your company along with two alternative names. Tila Legal will then submit these to Thailand’s Ministry of Commerce. The Registrar will then verify that no similar company names have been reserved and that the name does not violate any ministerial rules.

If the desired name does not meet these requirements, the registrar will then assess the alternative names. If none of the requested names are available, you will then have to re-submit two more names. This step of Thai company registration is very simple and only requires 2-3 days to be completed.

Step 2: File a Memorandum of Association (MOA)

Once your company name has been reserved, all shareholders must sign a Memorandum of Association (MOA). The MOA is a document which provides the names and personal information (such as contact details) for all of the company’s shareholders, as well as the company’s address (PO Box is not acceptable), registered capital, and intended scope of business activities.

Once all shareholders have signed the MOA, it may be submitted to the Ministry of Commerce along with all of the documents pertaining to the company’s registration in Thailand. The Ministry of Commerce is located within Bangkok, but if the company’s office is located outside of Bangkok province, these documents may be submitted the filing office of the province where the company is located.

Once this step of Thailand company registration is completed and processed, the Ministry of Commerce will then issue the company affidavit, certification, list of shareholders and company articles of association.

Step 3: Tax and Vat registration

All documents associated with the registration of the company's Tax ID Card and Vat Certificate must be submitted to the Central Filing Office of the Revenue Department.

Also, as part of the process of obtaining a VAT Certificate, you must obtain permission from the landowner of your company’s address if your company does not own the land outright.

There is one other thing to be aware of: if you intend to locate your company in a condominium unit, you may unable to do so; some condominium buildings have specific provisions with their sales agreements which prohibit the owner from using that unit as a business. Be sure to check your agreement before registering the location of your company.

If you have some problem to use your address to be a Thai company address TILA Legal can offer our virtual office address services for Thailand company registration and range from 2,000THB monthly (minimum 3 months).

Step 4: Open a Thailand corporate bank account with internet banking

Once the Thai company registration is completed, most companies will probably want to open a corporate bank account in Thailand. TILA Legal will prepare the required documents and open a corporate bank account on your behalf, but the company directors must be present.

If any of the signatories for the bank account are foreigners, some banks will require each of the foreign signatories to submit a valid work permit prior to opening the account. This can be completed within a day. The process for Thai company registration including company bank account will take approximately two weeks.

Step 5: Applying Thailand work permit

In order to obtain a Thailand work permit, you must first have a Non-immigrant visa. (often called a Non-B Visa)

We will assist you in the application of a Thai work permit and will submit all necessary documentation to the Department of Labor on your behalf. If submitted correctly, an application can be processed in as little as 7 days.

Step 6: Applying for a license for specific activities

Some businesses (such as import/export, fitness/gym/spa, recruitment, tour/travel) are required to apply for a specific permission/license.

TILA Legal is able to assist in the application process for obtaining such permission/license.

Further, for each foreigner working within your company, your company is required to have a registered capital of 2,000,000 THB, i.e. if you have two non-Thai working in your company, it is required to have a registered capital of at least 4,000,000 THB. However this does not mean that you need to have this amount of money to start, it is the limited liability of your Thai limited company.

If you are currently not employed by a Thailand company and wish to apply for a Thailand work permit, you will first need to register a company in Thailand.

Note. You can contact our English speaking lawyer for more information or submit your business activities, questions and your contact details in the box below.

See Our Thailand Company Registration Packages 2021

Note.For Thailand company registration, Thailand work permit, and Thailand visas, please note that TILA Legal can provide any service you need. Even if you do not have all of the documents required by the government, TILA Legal will work with you to ensure that your needs are met.

Please feel free to contact us for a free consultation with our English-speaking lawyers. Give us a call or complete the form below and press submit, we guarantee to respond within 24 hours.

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You will find listed below a number of topics related to the FAQs (questions we are frequently asked) that clients raise with us. You can click on any FAQ topic in order to obtain more information:

We will require three original signed passport copies from the foreign company director and the foreign company shareholder, together with three original signed Thai ID card copies from at least one Thai partner from your side.

Once the deposit has been transferred, we will send you a form for requested signatures via email. Please print these out and sign them. Note: there is no need for you to supply any details on these pages as we will type such details in for you. Kindly also notice the ‘sign here’ marks we place in the English version and sign in the same places in the Thai version.

If you are not currently in Bangkok, we are able to assist you remotely. You only need to send us required documents and complete the forms which will be instructed by our lawyer and follow our step-by-step advice.

We can register your company and open your company bank account using our virtual office address. However, please note that once you need to register for VAT and a work permit you will be required to have and use your own physical office address.

If the registered address is a condominium unit, be aware that some condominium buildings include a specific provision, in their standard condominium sales agreements or the condominium juristic office’s rules, prohibiting the condominium owner from using the condominium unit as a business address

Please be informed that it will be your responsibility before 15th to report and submit the VAT form (Por.Por30) to the Revenue Department in your company area. In addition, it will be your responsibility before the 15th of each month to submit the Social Fund form to the Social Fund Department in your company area.

Even if your company has no income you still have to report and submit as it is part of your monthly accounting service. Normally, you can use your Thai employee to prepare and submit these reports for your company if your company still has no income or only a few transactions. However, if you have many transactions and would like to use our monthly accounting services please let us know.

There is no minimum capitalisation required, however, for each foreign employee the company is required to register with capitalisation of 2,000,000 THB to be qualified for the quota of one work permit. This requirement is lessen to be 1,000,000 THB if foreign employee is married to Thai national.

For example, 1 foreign employee = 2,000,000 THB, 2 foreign employees = 4,000,000 THB and so on.

However this does not mean that you need to deposit this amount of money to start, it is the limited liability of your Thai limited company.

Once documents for your company bank account employing internet banking are ready to be collected. We will let you know when you will come to our office to collect them.

When you have them you may easily walk to the Siam Commercial Bank branch that is close to our office in order to open a company bank account with internet banking. The bank will require a minimum cash deposit of 10,000THB and you should also have with you your original passport, as well as your mobile phone number in Thailand. At SCB please also tell the bank officer if you need to be able to transfer money overseas from your new company account.

After your bank account has been opened, SCB will – within two weeks - send a message to your mobile phone number. You will be expected to keep that message on your phone and take it to the bank in order to buy a company cheque book.

As the director of your company you would receive a working visa and a valid working permit. However, this is not a requirement. If you are the director without salary earned from Thai company and not residing in Thailand you are not required to obtain the work permit in this case you can apply for Non-Immigrant B visa from Thai embassy when you come to Thailand to attend business events.

In order to employ each foreign employee, Thai company must meets these requirements;

1. Registered with 2,00,000 THB capitalisation; or 1,000,000 if the applicant married to Thai.
2. Employment of four full time Thai employees; registration with the Social Fund office is required.
Before applying for a Thai work permit, the foreign employee (the applicant) must obtain a Non-immigrant visa.
(For a company newly registered in Bangkok we can negotiate with the labour officer to allow your company to employ one Thai employee only for work permit)

Firstly, if the applicant does not obtain a Non-Immigrant visa they are required to obtain the approval letter from the Ministry of Labour (WP3) our team will assist you in this matter. The process takes approximately 7 days. Once approved the WP3 will be sent to the address of the applicant abroad together with supporting documents from the company.

The applicant needs to apply for the Non-Immigrant B visa at the local Thai embassy/ Consulate normally 90 days visa will be granted. The process takes 1-3 days.

After the visa is granted they must come to Thailand and apply for the work permit within 30 days after the WP3 is issued. The work permit will be issued within 14 days after the application is submitted.

To qualify for a Thai work permit foreign employee must meet at least one of the following requirements:

Working for an establishment with a registered capital of at least 2,000,000 Baht.

Working in an establishment, which has already paid income tax to the Revenue Department for the past 3 years not less than 5,000,000 Baht.

Working for an establishment, which engages in export business and has remitted Foreign currency of at least the equivalent of 3,000,000 Baht last year.

Working in an establishment, which employs 50 Thai employees. An establishment is allowed to hire 1 expatriate for every 50 Thai employees but not more than 5 expatriates in total.

Have a registered Thai limited company with a minimum of 2,000,000 Baht capitalization and VAT certificate.

Employee provided documents:

  • Passport - copies of every page. Each copy must be signed by employee.
  • Non-Immigrant Visa
  • Departure Card TM.6
  • Education degree (signed copy) *
  • Photos, three (3) in quantities which are 3*4 centimetres in size (not passport photos) with full face and taken wearing business attire (no hat and some jurisdictions require suit and tie). This must have been taken within six (6) months before the application for the Thai work permit.
  • Marriage Certificate (if married to Thai National). This includes the original and signed photocopies. Also include wife's Thai ID card, birth certificates of children, and household registration.
  • Withholding Tax PND 1 form and PND 91 form (if renewing work permit)*
  • Health certificate from Thai hospital state the blood group of the applicant and also showing that the applicant does not suffer from Leprosy, Tuberculosis, Drug addiction, Alcoholism, Elephantitus and Tertiary Syphilis.
  • Address of the applicant in the home country.

Employer Provided Documents::

  • Commercial Registration Department Certificate showing that the organization for which the applicant is going to work has been duly registered as a juristic person, giving the name of the Managing Director and/or Director, and its objections and registered capital.*
  • Shareholders List certified by the Commercial Registration Department.*
  • Factory License (if required) issued by Factory Department, Ministry of Industry.*
  • VAT Certificate - Phor Phor 20*
  • Corporate income tax form for the last 3 years (Phor Ngor Dor 51)
  • Social fund payment form for the last 3 months
  • List of foreign employees
  • Withholding Tax - Phor Ngor Dor 1 (if renewing work permit)*

* Thai government officials require that all documents to have the seal of the company stamped on every page and the true and authorized signature(s) of the Managing Director and/or Directors next to the seal. In addition, government officials have in past requested official copies of registration, shareholder, licenses and certificates to have been issued by their respective agencies within the past 90 days of your application for Thai work permit.

The licensee must carry the work permit with him or her or keep it in the office during working hours to show to government officials at any time The licensee must perform only the work described in the work permit, and must work only in the workplace and locality described in the work permit.

The licensee who plans to continue working must apply for a renewal of the work permit before the expiration date. Once the work permit has expired the process must be started all over again.

If a work permit is damaged or lost, the licensee must apply for a substitute within 15 days from the date he or she finds out about the damage or disappearance of the work permit.

Once the contract has been terminated, the licensee must notify the Department of Employment, and return the work permit within 7 days from the date of termination.

The employer must notify the Department of Employment within 15 days from the date of termination.

According to the annual report for Thai companies for the financial year. Thai companies are required to submit the report by the end of May. If the company fails to submit the report on time there will be a fine and charge to the company and the director.

Please note that even if the company did not active/ make any income, the company is also required to submit the annual report.

The minimum wages per day in Bangkok effective January 1st, 2020 are fixed at rates 331Baht per day.The above rates are subject to change from time to time.

The maximum number of working hours of employees is fixed at eight hours a day and 48 hours a week in total. In some types of works, as stipulated by law, the employer and the employee may agree to arrange the period of working hours but the working hours in any case must not exceed 48 hours a week. In establishments in which the work is deemed injurious to health or personal safety, as stipulated by law, working hours must not exceed seven hours a day and 42 hours a week in total.

All employees are entitled to a daily rest period of at least one hour after working for five consecutive hours. The employer and the employee may arrange the daily rest period to be shorter than one hour at each time but it must not be less than one hour a day in total. A weekly holiday of at least one day a week at intervals of a six day period must be arranged for the employee.

For work performed in excess of the maximum number of working hours fixed either by law or by specific agreement (if the latter is lower), employees must be paid overtime compensation. The rates of overtime vary and range from one-and-a-half times to three times the normal average hourly wage rate for the actual overtime worked. Certain employees engaged in employment related work on behalf of the employer and other types of work as prescribed by law are not entitled to overtime compensation. The maximum number of overtime working hours is limited to not more than 36 hours a week.

All employees are entitled to unlimited sick leave, but the number of days of paid leave shall not exceed 30 regular work days a year. The employer may require an employee to produce a certificate from a qualified doctor for a sick leave of three days or more.

An employee who has worked consecutively for one year is entitled to at least six working days of paid vacation every year, in addition to the 13 holidays in a year traditionally observed in Thailand. A female employee is entitled to maternity leave for a period of 90 days including holidays, but the number of days paid leave shall not exceed 45 days.

The Social Security Act requires employers to withhold social security contributions from the monthly wages of each employee. The prescribed rate applied to the monthly wages is 5 percent.

However, the maximum monthly wage base on which the above rates are applied must not exceed 15,000 baht. The employer is required to match the contribution from the employee. The contributions of both the employer and employees must be remitted to the Social Security Office within the 15th day of the following month.

Employees with social security registration may file claims for compensation in case of injury or illness, disability or death which is not due to the performance of their work, and for cases of child delivery, child welfare, old age pension and unemployment. The social security contributions are envisaged to rise as the benefits to be provided to employees are increased.

An employer with 10 or more regular employees is required to establish written rules and regulations in Thai language governing work performance and to display these regulations on the work premises within 15 days from the date that the number of employees reaches 10 employees or more. A copy of these rules and regulations must be submitted to the Department of Labor Protection and Welfare within seven days from the date that the employer announces or displays the working regulations.

An employer with 10 or more regular employees is also required to maintain an employee register in the Thai language together with documents pertaining to the payment of wages, overtime, holiday work and overtime on holidays. The employee register must be maintained for at least two years after the date of termination of employment of each employee, together with the supporting source documents.

If an employment contract does not specify any duration, either party can terminate the contract by giving notice at or before any time of payment, to take effect in the next pay period. An employee may be dismissed without due notice and severance pay if the employee:

Intentionally commits a crime or act of dishonesty against the employer Intentionally or negligently causes the employer to suffer damage Violates the employer's work rules, regulations or lawful orders and a written warning has been given (except that such warning is not required for serious offences) Has been absent for three consecutive working days without a reasonable excuse Is adjudged to serve a prison sentence (except where such sentence arose due to negligence or petty offence).

An employee terminated without a valid cause as stipulated by law is entitled to receive the following severance pay:

30 days' wages where the employment period is at least 120 days but is less than one year.

90 days' wages where the employment period is at least one year but is less than three years.

180 days' wages where the employment period is at least three years but is less than six years.

240 days' wages where the employment period is at least six years but is less than ten years.

300 days' wages where the employment period is ten years or more.

In the event that the employer relocates its place of business that essentially affects the normal living of an employee or his/her family, the employer must notify the employee of the relocation at least 30 days in advance or pay an amount in lieu of the advance notice equal to 30 days' wages. In this connection, if the employee refuses to move and work in the new location, the employee has the right to terminate the employment contract and is entitled to receive a special severance pay of not less than 50 percent of the prescribed rates of severance pay.

In the event that the employer terminates the employment of an employee as a consequence of streamlining the work units, production process and distribution service, due to the introduction or change of machinery or technology which thereby results in the reduction of the number of employees, the employer must notify the Labor Inspector and the employee concerned at least 60 days before the date of termination of the employment or pay in lieu of the advance notice to the employee an amount equal to 60 days' wages. The terminated employee will be entitled to the prescribed severance pay. Moreover, if the terminated employee has worked consecutively for over six years, the employee would be entitled to an additional special severance pay at the rate of 15 days' wages per one full year of service, calculated from the start of year seven onwards. However, the total amount of this additional special severance pay is limited to the equivalent of 360 days' wages.

We have experience in obtaining and submitting recruitment license applications.

A foreigner may be a company director but must have a Thai fellow director to hold the recruitment license.

For the first stage of the process the applicant foreigner must find a Thai fellow director who does not have any kind of blacklist or criminal record in Thailand since, as stated above, the new recruitment license must be held by Thai director. It will be necessary for a background check regarding a possible blacklist or criminal record in relation to the Thai director to be carried out at a Thai national police station.

In addition, a recruitment license requires the applicant having a bank guarantee. The rate required depends on whether the license is for inbound or outbound or both. Normally it would need to be approximately 100,000THB for inbound.

It will also be necessary to rent a physical office address with a minimum working space of 20 square meters.

The travel and tour guide business is regulated by the Tourist Business and Guide Act. Before engaging in the tourist business, one has to apply for a TAT license (Tourism Authority of Thailand) with the Tourist Business and Guide Registration Office.

With the travel and tour guide business being a restricted activity under the Foreign Business Act, a foreigner that wants to get involved in the tourist business will have to incorporate a juristic person to apply for the TAT license.

The company must have the following characteristics:

1. Be registered under Thai law
2. Have as its business purpose the support of tourists in Thailand
3. All unlimited liabilities must be of Thai origin
4. In a limited company, no fewer than half of the directors must be of Thai nationality and not less than 51% of the capital must be owned by natural persons that are of Thai nationality

Required documents

1. TAT license application form, signed by a Thai director and stamped with the seal of the company
2. Certificate of Registration and Objectives of the Company under the Civil and Commercial Code (not older than one month). Important note: only a Thai director has the power to sign and stamp the seal of the company. 3. List of shareholders’ names, certified by the Minister of Commerce
4. Memorandum of Association which must be certified by the Minister of Commerce
5. The Company’s Regulations or – if the Company has no Company’s Regulations - a report of Company’s Establishment Meeting which must be certified by the Minister of Commerce
6. A copy of the director’s personal ID card and his registered address which must be certified by the director
7. The Seal of the company
8. Two photos of the front of the office (showing the address and nameplate)
9. A map of the office
10. Certification of the Ownership (or evidence of possession) of the office
11. Power of Attorney
12. A Guarantee (either cash or cashier’s check) to be used as security

Bank guarantee and government Fees for TAT license;

1. Outbound: security of 200,000 THB and a government fee of 500 THB
2. Inbound: security of 100,000 THB and a government fee of 500 THB
3. Domestic: security of 50,000 THB and a government fee of 300 THB

The process of setting up a company here in Thailand with the purpose of purchasing Thai property through our assistance is relatively easy and simple. We can usually have your company set up and under your full control within three to four weeks. However, when registering a Thai company for foreign ownership there are a few things to consider to ensure that you can retain full control and ownership of your company. A lot of these considerations you may miss and not complete correctly should you register your company alone or with the wrong law firm. You have taken a good first step in making contact with us.

In your case, buy property though a Thai company is your best option. There are many ways in which to protect yourself and if you follow them the result would be similar to your being in 100% ownership.

Step 1 Thai company registration

We can set up a Thai company with Thai shareholders and directors. Once the ownership transfer has been done we can transfer shares and change directors. However, the capitalization of the company must cover the purchasing price of the property.
We will require one copy of Thai ID card from the Thai shareholder from your side.

Step 2 Title search

One important matter that many foreign purchasers of property in Thailand overlook is the performing of a title search. This seems like common sense, but many foreigners make mistakes by not doing this. You will almost always learn something new about the property by performing a title search. The legal status of the title is accessible to the general public at the local Land Office where the land is located. By conducting a title search one can determine the land’s legal boundaries, whether the land has registered lines, mortgages, leases, etc.

Scope of services

-Conducting a search on the title and relevant documents of the property.
-Ascertaining that the title document is in order.
-Ensuring that published owner is still the current owner of the property.
-Confirming the lack of mortgage or other encumbrances (if any) on the property.
-Verifying whether there is any restriction on the development of the property.

Step 3 Prepare the sale and purchase agreement

Scope of service

-Verifying the sales agreement
-Providing comments on specific clauses of the sales agreement
-Negotiating modifications as needed to protect your interest

Step 4 Registration of transfer ownership

The Transferring Fee is 2% of the registered value of the property. This fee will be paid to the officer at the Land Office upon the day of the transfer of ownership.
There are no property taxes as such in Thailand that are exactly equivalent to the property taxes in other countries, though commercial properties incur a small tax which is collected infrequently.
Our lawyer will accompany you when you go to the Land Office in Thailand for registration of transfer ownership

Scope of services

-Preparing the application and supporting documents required for the registration of the transfer of ownership of the property for you as a foreign buyer;
-Registering, on your behalf, at the Land Department.

We can assist you to draft your last will and testament in Thai and English.

Regarding assets outside of Thailand, you may include them in Thai Will but I suggest to have a separate Will in each country where your assets located.

You could make an appointment to discuss with us in our office or we can also start assisting you via email. Once the draft is confirmed you can come to our office for signing.

Before You Begin:

Information we need from you:

Copy of your passport, Thai work permit (if any), residing address in Thailand and home country.

Names, addresses and contact details of the Beneficiaries, the persons and/or organizations who will receive the property.

Names, addresses and contact details of the Executor, the person or organization who will carry out the term of the will.

If you have children, the names and addresses of the children.

If you have minor children, the name and address of the person who will have the responsibility for the minor children, if the other parent is unable to serve as the natural guardian.

A list of "bequests", that is specific gifts, that will be distributed first, and the names and addresses of the persons and/or organizations who will receive them. Information regarding the value of your estate, including the value of all assets plus life insurance proceeds.

Copy of your old wills, if any.

Our Thai will and testament service will take approximately 4 business days.

Apply for the protection under the US-Thai Amity Treaty.

The Treaty of Amity and Economic Relations between the United States of America and the Kingdom of Thailand. The Treaty of Amity was signed on May 29, 1966 and secured two major trade advantages for the U.S.

The treaty provides your American company some privileges such as;

1. The Treaty permits American companies to maintain a majority shareholding or to 100% own its company, branch office or representative office located in Thailand.

2. American companies receive national treatment, meaning U.S. firms may engage in business on the same basis as Thai companies, and are exempt from most of the restrictions on foreign investment imposed by the Alien Business Law of 1972.

There are some existing restrictions on American investment as follow;

Owning land;
Engaging in the business of inland communication;
Engaging in inland transportation and communication industries;
Engaging in fiduciary functions;
Engaging in banking involving depository functions;
Engaging in domestic trade in indigenous agricultural products;
Exploiting land or other natural resources

The Process to register for The US and Thailand treaty of Amity

In order to qualify under the Treaty, the conditions below must apply:

At least 51% of shares must be held by American citizens.

At least 50% of directors whose signature may bind the company must be American citizens

If the above conditions are met, our next step is to process your application.

First step

The applicants who wish to apply for The US and Thailand treaty of Amity have to obtain copy of passport notarized by the US Embassy in Bangkok or documents verifying that the company has been registered in TheUS.

Second step

Our lawyer will contact The US Embassy in Bangkok and then submits documents and letter confirming that the majority of business’s shareholders are US citizens and receives the letter from the commercial section confirming the same.

Third step

Our lawyer submits the letter previously issued by The US Embassy to The Ministry of Commerce in order to request a business certificate under The Treaty.

The process takes about five weeks to complete.

A Representative Office may only be established for the following business purposes:

Sourcing suppliers of goods or services in Thailand for the head office;
Checking and controlling the quality of goods purchased or manufactured in Thailand for the head office;
Giving advice concerning the goods of the head office sold to agents or customers;
Promoting the goods or services of the head office; and
Reporting to the head office on business conditions generally in Thailand.

The Representative Office cannot render these services to any person other than its head office nor earn any income from any transaction e.g. sale of goods or provision of services. The representative office can only receive funds for payment of its expenses from its head office.

Procedure and Documentation Required

To apply for a business license to operate a Representative Office, you are required to complete a form of application and submit it along with supporting documentation to the Ministry of Commerce. Following are a list of the documents and information required to register such legal entities in Thailand.

Documents of the head office:

1. Memorandum of Association (by-laws);
2. Articles of Association (regulations of the company);
3. Power of Attorney appointing a person to establish the office - the person so appointed must be the representative office manage
4. Affidavit stating details of company; and
5. A letter to certify employment of all employees of the Representative Office.

Note: All the above documents must be notarized by a notary public or Consularized by the Thai Embassy.

Documents of the Representative Office:

1. Name and copy of passport of the Representative Office manager;
2. Address of the Representative Office and sketch map showing the location of the office;
3. Lease or other document showing the ownership or right to use the Office; and
4. Copy of the non-immigrant "B" visa (Visa type "Business") issued by a Thai Embassy outside Thailand of the manager if that person is an expatiate. If the manager is Thai, his/her identification card is also required.

Other information and documents required:

1. Company profile and financial statement of the Head Office;
2. Purchase Orders from the Head Office to suppliers in Thailand (if any);
3. Number of Thai and foreign employees including an explanation of their duties;
4. Organization chart of a Representative Office;
5. Description on the reasons for setting up a Representative Office;
6. Expected period of existence of a Representative Office;
7. Business plan for a Representative Office and a description of its functions;
8. Estimated expenses for 3 years;
9.Size, working capital and source of funds of a Representative Office;
10. Requirement for machinery, type, number of machines and raw material required for the operation of a Representative Office (if any);
11. Description of how a Representative Office will transfer technology to Thai staff (if any);
12. Research and development required (if any);
13. Products and reputation of a Representative Office; and
14. Contracts or subcontracts for projects in Thailand.

In our experience the application process could be from 6 to 12 months.

Once the business license is issued you will be required to register with the Revenue Department by applying for and obtaining a Tax ID card. In the case of the Representative Office, it is still required to file tax returns even though it will not be subject to taxation, as it is not allowed to earn any income. The Representative Office will also be required to register for social security deductions for its employees and for contributions to the workmen's compensation fund.

We will be responsible for preparing the application and submitting it. You will need to provide us with all documentation as requested. Please note that all documents must be certified by a competent officer of the head office and notarized by a notary public or legalized at a Royal Thai Embassy or Consulate.

Scope of services

Our scope of the services for obtaining a business license for a Representative Office includes:

1) Preparation of the application for a business license, collation of the supporting documents and submission of the same to the MOC;
2) Meeting with the officers of the MOC in order to follow up the application, submission of any additional documents or information that may be required and accompanying the client to the project interview at the MOC (if required);
3) Collecting the business license and affidavit from the MOC;
4) Preparation of an application and collation of the required documents to apply for a Tax ID card from the Revenue Department;
5) Providing English translations of the Alien Business License, Affidavit of the Ministry of Commerce and tax ID card.
6) Prepare the application forms and supporting documents to register for Social security and workmen's compensation funds;
7) File the application and supporting documents with the Social Security Office; and
8) Follow up and discuss with the officer concerned and obtain a social security number for a Representative Office.
9) Submit the credit advise of transferred minimum capital requirement to the Ministry of Commerce.
10) Preparing for document for 90 days Non-Immigrant visa application for foreign representative
11) Prepare documents to open the bank account.
12 ) Apply for the TAX ID number

Buying a Condominium in Thailand - Information.

Our English-speaking lawyers can assist you in buying a condominium in Bangkok.

Please find information and restrictions for foreigners wishing to buy condominiums in Thailand, together with some restrictions.

Requirements for foreigners to buy a condominium in Thailand.

The only restrictions on purchasing a condominium are that the percentage of units sold to foreigners cannot exceed forty nine percent (49%) of the total number of units in the condominium block; and that the funds used to buy the condominium must have been remitted from abroad and correctly recorded as such by a Thai Bank on a Tor Tor Sam. Purchases of condominiums by foreign individuals come under the jurisdiction of the Condominium Act

1. A foreigner wishing to buy a condominium must transfer funds in foreign currency from a bank account outside Thailand to an account at a Thai bank.
2. The name of the transferee must be the same as the name that will appear on the final purchase contract.
3. The money transferred must be made in amounts of USD 20.000 or more in order to qualify for a Foreign Exchange Transaction Form issued by the buyer's bank to verify that the originating funding came from outside Thailand in a currency other than Thai baht. This bank certificate explicitly states that the Thai baht funds are used "to purchase a condominium" in Thailand. The department of Lands (Land Office) will refuse to execute the ownership transfer if the bank certificate cannot be produced.

Our professional services include:

1) Title search:

Scope of services:

  • Conducting a search on the title and relevant documents of the condominium.
  • Ascertaining that the title documents are in order.
  • Ensuring that the seller is the current owner of the condominium.
  • Confirming the lack of mortgage or other encumbrances on the condominium
  • Verifying whether there is any restriction on the development of the condominium.

2) Prepare/Review The Sale And Purchase Agreement:

Scope of services:

  • Verifying the sales agreement.
  • Providing comments on clauses of the sales agreement.
  • Negotiating modifications as needed to protect the buyer’s interest.

3) Registration of transfer ownership:

Scope of services:

  • Preparing for the foreign buyer the application and supporting documents required for the registration of the transfer of ownership of the property
  • Registering the sale, on the buyer’s behalf, at the Land Department.

Our professional fee*:

Buying condominium package 50,000 THB

VAT 7% 3,500 THB

Grand Total 53,500 THB

* Note: Fee does not include transportation outside Bangkok.

Our process will takes approx 1 week.

Regarding Open personal bank account in Thailand, we've been helping expats of all nationalities open Bank Account here in Thailand for more than 15 years through our registered and licensed Thai Law Firm. We have a very experienced English speaking Thai legal team that can assist you in just about all legal oriented matters here in Thailand.

If you are working in Thailand, You need to present documents in order depending on the type of bank account you wish to open in Thailand, or the bank you intend to open an account in.

The bank could be either a Thai bank or a foreign based bank in Thailand.

If you have a valid Thai work permit, the process of opening a bank account is swift and easy, although this may always not be the case.

If you intend to open a foreign currency account or a savings account the bank would require a recommendation letter from your Embassy and last but certainly not the least an apt Thailand lawyer.

Consulting with us, you’d be able to know in details the finer workings of opening a Thai account as an alien in Thailand.

Generally, for foreigners living in the Thailand, you can have 4 typical types of bank accounts including Current Account, Thai Baht Savings Account, Business Bank Account and Foreign Currency Account.

Our lawyer can give you the necessary details and prepare you beforehand for any complications that you may have to deal with later on.

Thai savings bank account is one of the known types of bank account, an alien or a foreigner maybe able to open a savings account without even having a work allowed license, but you will still be required to submit your passport and recommendation letter from your home Embassy or Consulate in Thailand. However, not all the branches and banks allow this, if this is the scenario you should try and contact the main branch of the bank. You may not get the luxury of internet banking or telephone banking without the work permit but you would still be able to use the ATM card and a passbook would be issued to you.

Or if you have an international driving license, you can open the bank account only when you are in Thailand. You need to show your passport and international driving license when opening the account.

To open a bank account in Thailand you need the following documents, these may differ from bank to bank but usually the most common ones are, your valid duration visa with your passport, an allowed license to work, a recommendation letter from your embassy in Thailand, a minimum account balance of 500 THB.

Once you open an account, you will receive a debit card allowing you to withdraw and deposit your cash from your account at an ATM machine through out Thailand. You could also request for a credit card, but its issuance requires a valid work permit, proper documentation and visa history as well as income proof.

Another way to open bank account in Thailand, you have to get certificate of resident from Thai immigration office in Thailand with your passport. Our lawyer could help you to apply for certificate of resident which will take approx 3-4 days.

To open a current account, it could get a little bit complicated when the chequebook is issued. Your passport is still required and there is no way you would be allowed to open a current account without a valid work permit. A required startup deposit required is also significantly larger and varies from bank to bank. The foreign currency account needs your passport and an official recommendation letter from your Embassy and employer. You will need to present your passport in person along with the bank statements and other documents.

For opening for a bank account to deal with business matters, it is imperative that you hire us to guide you through the intricacies involved in the procedure.