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ResourcesCorporate and Tax AdvisoryThailand Corporate Law"Amendments to the Foreign Business Act" in Thailand?

"Amendments to the Foreign Business Act" in Thailand?

Transcript of the above video: 

We've been talking a lot recently about issues associated with crackdowns on nominee structures as well as Immigration matters associated therewith. This video is actually, oddly enough, now we are seeing talk coming from the establishment here in Thailand that they are actually going to add amendments to the Foreign Business License which would open up certain sectors to foreign investment. I thought of making this video after reading a recent article from the English version of Thai Rath, that is en.thairath.co.th, the article is titled: Cabinet Approves Opening Eight Business Sectors for Foreign Investment Without Business Operations Permits. Now understand, Cabinet, it approved this in principle, so it remains to be seen here, okay. That said, quoting directly: "The Cabinet has approved amendments to the Foreign Business Act opening the way for foreign investors to operate in eight business sectors without needing a business license”, is where we're going. That being said, quoting further: "On 12 May 2026, Lt. Col. Dr. Patdarasmi Thongsaluaykorn, Deputy Government Spokesperson, revealed that the Cabinet resolved to approve the principle of a draft Royal Decree amending the categories of businesses listed under the Foreign Business Act of 1999." 

So they approved “in principle, a draft, that could amend”. So understand, this is now being touted through the news as if it's like a foregone conclusion - which is unfortunate, I've talked about this in the past - it's not a foregone conclusion. This is going to have to go through essentially legislative due process, the political process if you will, and in the current climate, I'm very curious as to what this will ultimately look like compared to what is being talked about now; if it ever even comes to pass. 

That said, quoting further: "Along with the principal of a draft Ministerial Regulation specifying businesses that foreign nationals may operate without requiring a permit under the Foreign Business Act." Quoting further: "The Deputy Government Spokesperson stated that the draft Royal Decree amending the business categories in the annex of the Foreign Business Act of 1999 primarily revises domestic trade businesses related to native agricultural products that are not prohibited by law. It exempts forward trading of agricultural products on the Thai Futures Exchange where there is no physical delivery or receipt of agricultural products within Thailand." 

So basically, if this is approved, and again it's only been approved in principle - we haven't even fully seen a draft and again it's got to go through legislative due process and the political process - again it's not a foregone conclusion that this will even happen. But that said, if it does, one of the major things it is going to allow or will open up more is basically Futures Trading in certain agricultural areas, not actual work in the agricultural sector, just futures associated with that. Quoting further: "This business is listed as item 13 in the List 3 of the Foreign Business Act of 1999 amended by the 2013 Royal Decree. The amendment exempts forward trading of agricultural products conducted in future contract exchanges where delivery or receipt occurs in warehouse facilities, classifying it as an exempted business not subject to item 13 of List 3."  Quoting further: "Meanwhile, the draft Ministerial Regulation" - again it's a draft - "specifying businesses that foreign nationals may operate without permits under the Foreign Business Act primarily sets eight business types under categories 11 and 21 in the annex of the Foreign Business Act as exempted. These are: telecommunications services; fund management centers; administrative, human resources and information technology management services; domestic debt guarantee services;" - that's one that I'm betting by the time this thing comes out the other side of this pipeline, domestic debt, that being administered by foreigners, I'm betting we don't see that one, but that's just one man's opinion - quoting further: "leasing parts of premises for electronic equipment used in financial services and vending machines to serve and facilitate company employees;" - don't know about the company employees thing, but again Financial Services, those are touchy things here politically. I would be curious to see if that ends up in the final rollout of this - "petroleum drilling services;" - that's another one I'd be interested to see if that actually ends up in the finalized draft of this thing, because I am sure there's a lot of interests in Thailand that would like to keep that type of work sort of in the family so to speak, restricted to Thais. But again, quoting further: "other businesses under securities and exchange law; and services acting as agents, traders, consultants or managers of futures contracts where the goods or reference variables are not covered by the Futures Trading Act. These businesses can be operated by foreign nationals without requiring a permit." - by a "permit" they mean a foreign business license to be able to do this as a foreign entity.

And again, I'll be very curious to see how this ultimately comes out, if this thing is even ultimately promulgated at all. In light of the current climate, most Thais are in a pretty nationalistic mood at the moment, myself included, especially having dealt with the things we dealt with this past summer and now all these incidences of foreigners not only behaving badly, as I've discussed in other videos, but also flouting relevant Thai Laws regarding work authorization as well as ownership matters regarding both corporate and real estate in Thailand. I'm just not so sure that this draft is ultimately going to see a lot of popularity moving forward. That being said, it remains to be seen how this plays out, so we'll certainly be keeping you updated on this channel as the situation evolves.