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ResourcesCorporate and Tax AdvisoryThailand Corporate LawIs There Anything "Wrong" with the Standard Thai Company?

Is There Anything "Wrong" with the Standard Thai Company?

Transcript of the above video:

As the title of this video suggests, we are discussing standard Thai Companies and the reason we are discussing this is we often times get off into talking about BOI Companies or Amity Treaty Companies and I thought I would just make this video to circle back to just a standard Thai Company.

For those unaware, under most circumstances, depending on the business activity, essentially a standard Thai Company will have to be 51% Thai owned and 49% foreign owned pursuant to the Foreign Business Act. The question posed is: "Is that necessarily a bad thing? Is there something wrong with that kind of setup?" To my mind, the answer is well it depends on your circumstances. We have a number of clients that are set up that way. Often times they have someone they work with; maybe their spouse may be a co-owner of the Company or family members etc. and yes it can work quite well. Now one has to make sure that they get into these things with their eyes open, that they fully understand what they are getting involved in. Furthermore in my opinion they should be aware that there are downsides and there may be ways to mitigate certain risks associated with corporations here in Thailand, again different ways of deal with things and I am not going to get into all of them because there are a lot of different ways you can try to mitigate your risk with respect to a standard Thai Company and the provisions of the Foreign Business Act. 

Long story short, yeah it can be a very effective tool for doing business here in the Kingdom of Thailand. There may be ways, again BOI or Amity may be examples of ways that are more beneficial ways of setting up but under certain circumstances, those options may not be available and a standard Thai Company maybe the only option available.