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Options for 100% Foreign Ownership of a Thai Company?

Transcript of the above video:

Many foreign nationals who have come to Thailand looking to do business will often do so under the rubric of what is called a Thai Limited Company. Thai Limited Companies are specifically as the name suggests, they have limited liability associated with them and they are a corporate structure that may allow a foreign national to conduct their business here in Thailand. 

I thought of making this video after reading a recent article from ASEAN Briefing aseanbriefing.com, the article is titled: How to establish a Private Limited Company in Thailand. Quoting directly: "Establishing a private limited company," (and there is a difference between private and public limited companies. I made another video contemporaneously with this one where we discussed that.) "Establishing a private limited company is the preferred structure for foreign investors looking to set up in Thailand. Foreign investors are generally limited to only 49% ownership of a private limited company depending on the sector. For 100% ownership of a private limited company foreign players will need to obtain a Foreign Business License, be eligible for promotion from the Board of Investment, or register through the Treaty of Amity. (For US citizens only) 

As I have discussed in other videos on this channel, yeah the provisions of the US-Thai Treaty of Amity allow Americans and American businesses to do business in Thailand with what is called national treatment i.e. they will be treated the same way as a Thai Company. So in essence they are not subject to the provisions of the Foreign Business Act. So Amity Treaty is probably going to be a very good option for Americans looking to do business in Thailand. Meanwhile, things like a Foreign Business License which can be issued under the auspices of the Foreign Business Act may be possible for foreign nationals from other countries and also promotion under Thailand's Board of Investment Institution, Board of Investment program, however you want to look at that. BOI Certification may allow for a100% foreign ownership as well. So there are a couple of ways to deal with this.

Now that said, especially regarding Foreign Business Licenses and BOI promotion, those are highly discretionary in nature. There are some discretionary components associated with The Amity Treaty as there are some restrictions still even on Americans doing business under the Treaty itself but it is usually in my opinion broader in its application then either of the other two. Again it's all going to be circumstantially dependent, therefore it may not be a bad idea to contact a legal professional, gain some insight and guidance into how best to proceed.