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ResourcesCorporate and Tax AdvisoryThailand Corporate LawCan an Offshore Company Own a Thai BOI Company?

Can an Offshore Company Own a Thai BOI Company?

Transcript of the above video:

As the title of this video suggests, we are discussing whether an offshore company, that is a Non-Thai Corporation, whether or not that Company can own an interest in a Thai Corporation that is certified to be provided with concessions under the Board of Investment scheme here in the Kingdom of Thailand.

For those unaware, the Board of Investment can grant concessions to certain prioritized businesses looking to conduct business activities here in Thailand. They are often times pretty heavily scrutinized, adjudicated whether or not they will be granted BOI Certification and in the event that they are granted BOI Certification, it is possible that they can be foreign owned, in fact outright. So while the provisions of the Foreign Business Act oftentimes require that a Company in Thailand be majority Thai, if it has a certain type of BOI certification it may be possible for that Company to be virtually if not totally 100% foreign owned notwithstanding the fact it is a Thai Company still be able to operate in Thailand due to its BOI Certification. 

So in answer to the question posed by this video, yes it is possible for an offshore company to have an ownership interest in a BOI Company. Again certification parameters will vary and therefore that will drive the analysis regarding whether or not a majority ownership can be maintained here in the Kingdom of Thailand.