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ResourcesCorporate and Tax AdvisoryThailand Corporate LawThai Company Setup: Are Some Structures "Better" Than Others?

Thai Company Setup: Are Some Structures "Better" Than Others?

Transcript of the above video: 

As the title of this video suggests, we are discussing Company Setup here in Thailand. The question is are there certain structures, are there certain structures that are "better" than others? What are we talking about here? 

Well first off in the past, you'll read stuff from way back sometimes on internet forums where they will say "oh this type of structure is better than a standard corporate setup for all of the above reasons." Well you have to remember that certain things in the past were a lot different, especially things involving work authorization. If you go back far enough, you can actually find a situation in time where work authorization could be issued notwithstanding lack of a corporate structure. These days, the likelihood of that happening is pretty close to zero or as close as I can think of. Generally speaking Corporate Sponsorship is a requirement associated with Work Permit issuance. That being said, the type of structure you utilize may differ depending on the person or there may be people that want to look into - I should be more specific - may be people who want to look into different types of structures. So for example, Branch Office for example as opposed to a set up here in Thailand, or even Representative Office, but as we have discussed in other videos in the past, again the Work Permit rules will differ from structure to structure. 

Meanwhile, again and I don't mean to sound like a broken record, but the underlying facts in a given case will dictate what the "best" type of structure is for a given enterprise. And you kind of have to do 'a totality of the circumstances' type of thinking and say look we need to do a cost benefit on what's the best type of structure coupled with what can we get work, especially for foreign firms here in Thailand, what will we be able to in a most straightforward manner be able to get work authorization for here in Thailand. Once all that analysis is concluded, one can essentially decide what the best way to move forward is. 

Again it's going to depend greatly on the individual and the underlying facts in an individual case. That stated, for those who feel a bit overwhelmed about these things, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.