Monday, November 27, 2023

Setting Up Medical Company in Thailand - Process & Benefits

 


Thailand’s medical industry offers a range of opportunities for foreigners looking to establish a foothold in this growing sector. Are you a medical or healthcare professional, entrepreneur, investor, or researcher? This article is for you as it covers the ideas of the best opportunities for Medical Company Formation in Thailand.

Establishing a company that provides personalized concierge services for medical tourists. Furthermore, it helps them navigate the healthcare system, arrange travel logistics, and ensure a seamless experience.

Creating specialized health and wellness tourism packages that combine medical treatments with spa services, cultural excursions, and leisure activities.

Developing or partnering with existing telemedicine platforms to provide virtual healthcare consultations and services, leveraging technology to reach patients both domestically and internationally.

Creating apps for appointment scheduling, prescription management, and health monitoring to cater to the growing demand for digital health solutions.

Establishing training centers that offer courses and workshops for healthcare professionals, focusing on specialized skills, certifications, and the latest medical advancements.

Providing language and cultural training programs for foreign medical professionals seeking to work in Thailand.

Investing in or starting wellness retreats or spas that cater to both locals and medical tourists, offering services such as holistic treatments, nutritional counseling, and stress management programs.

Opening fitness centers or rehabilitation facilities that integrate medical expertise into fitness programs for preventive healthcare.

Partnering with pharmaceutical or medical device companies to import and distribute their products in the Thai market.

Providing consulting services to guide foreign pharmaceutical and medical device companies through Thai regulatory processes.

Participating in or managing clinical trials for pharmaceuticals or medical devices, leveraging Thailand’s diverse patient population and research capabilities.

Forming partnerships with Thai research institutions and universities to collaborate on medical research projects.

Establishing a brokerage or consultancy focused on providing health insurance solutions for expatriates, including coverage for medical treatments in Thailand.

Partnering with local insurance companies to tailor health insurance products for the international community.

Developing or distributing herbal and alternative medicine products, capitalizing on Thailand’s rich tradition of traditional medicine.

Establishing retail outlets or online platforms for wellness products, including supplements, organic foods, and natural health products.

The Board of Investment (BOI) of Thailand offers a variety of incentives for investment projects that further official development objectives. Additionally, import duties on machinery, raw materials, and other essential components used to manufacture exported items are exempted. Yet in terms of non-tax incentives, the BOI also approves the ownership of land for project purposes, the hiring of foreign nationals, and the taking or transfer of foreign currency overseas.

If you are not from Thailand, the major assistance that you can get from us is our expertise in Thai legal, accounting, and taxation processes along with decades of experience in the Thai market. Moreover, this will help you focus on your business plan rather than learning the Thai rules and protocols. Additionally, you get the following support from us:

  1. Fast Processing of Your Applications
  2. We complete the Documentation on your behalf
  3. Assist in your Immigration and Work Permit Process
  4. Full support in your Payroll Management
  5. We have a specialized team for Accounting, Auditing & Taxation

Therefore, all you need to have is a brilliant idea, investment, and a trustworthy Thai Partner (if needed). All the other arrangements are completely on us. Additionally, our good, long, and healthy relationship with Thai officials and authorities will help speed up your medical company formation process in Thailand.

So, are you thinking of tapping the potential of the medicine, pharma, and healthcare market of Thailand? You can book a round of free consultations by emailing us at officer@konradlegal.com.

Saturday, November 11, 2023

How to Start Fintech Company in Thailand?

 

A phenomenal shift in the global corporate landscape is one of the outcomes of the rapid improvements in the Fintech Industry. This evolution has brought about a significant transformation in global commerce. Southeast Asia is one of the areas driving this revolutionary shift, setting the pace for emerging trends and adopting fintech technology first. Thailand, as one of the leading Southeast nations, embraces business evolutions wholeheartedly and welcomes foreign investors to start fintech businesses in Thailand.

Thailand is a prominent focus for international firms seeking to create a presence in Southeast Asian countries through fintech expansion. With the help of thoughtfully crafted legal frameworks and government incentives that actively assist the development of fintech ventures, Thailand’s digital marketplace is expanding at a remarkable rate. Thailand has a talent pool full of tech-savvy people.

The combination of all of these factors fosters an incredibly favorable atmosphere for the growth of the fintech business in Thailand. Yet it’s important to understand that there are obstacles as well as opportunities when entering this industry, not the least of which is figuring out how to set it up. Amidst all options incorporating a fintech business via the Board of Investment in Thailand (BOI) is the most convenient one. This article discusses the process in detail.

Promoting and enabling foreign direct investment is the responsibility of the BOI, a government agency. Attracting high-value investments that boost the nation’s technological and economic development is its main goal. To promote investment and expansion in strategically important industries, the BOI grants various incentives and privileges to qualified companies, including those in the fintech industry.

The BOI application is the most effective way for fintech companies to access the Thai market out of all the available options. The substantial advantages of the BOI application are examined in this article, with particular attention paid to tax breaks, industries that are promoted, fintech business categories, regulatory obstacles, and the application procedure. Fintech companies can strategically navigate Thailand’s rapidly expanding digital market by thoroughly understanding the benefits and considerations of the BOI route.

For international fintech companies looking to enter the Thai market, the BOI certification is a favorable option due to its several benefits. These advantages cover both BOI tax and non-tax incentives, fostering a favorable atmosphere for the development and expansion of businesses.

The alluring tax incentives are among the biggest benefits of earning BOI certification. While the manufacturing and industrial sectors are the focus of many BOI programs, tax exemptions or reductions are available to BOI-certified fintech businesses for a maximum of eight years, contingent upon the amount of investment and the nature of the business operations. Some of the exclusive tax benefits are as follows:

  • Exemption for a duration of three to eight years from corporate income taxes
  • Dividends from initiatives marketed during the corporate income tax holiday are exempt from taxes.
  • Permit to deduct losses from income for a maximum of five years.

It is important to keep in mind that depending on the exact good or service associated with the project being promoted, the BOI tax incentive details may change. Furthermore, as decreasing regional disparities within Thailand is one of the BOI’s duties, the project’s geographic location may have an impact on the degree of benefits.

Full foreign ownership is permitted for a portion of fintech companies with BOI certification, allowing them to circumvent usual limits. For foreign investors looking to get into the Thai market, this exemption could be advantageous.

Companies that have earned BOI certification are entitled to expedited procedures for securing work permits and visas for foreign experts, executives, and skilled laborers. This makes it easier to find and hire talent from around the world, which adds to a workforce that is both talented and diverse.

The BOI provides assistance and facilitation services to certified fintech businesses. These services help businesses get the licenses they need, interact with the right government bodies, and successfully navigate regulatory requirements.

Companies with BOI certification, as opposed to those without, can possess land in Thailand to conduct business.

Remittances in foreign currencies are made possible by BOI certification, which facilitates more seamless financial operations for global companies.

Entities holding a BOI certification are allowed to freely repatriate investment profits and funds.

Companies with the BOI certification are shielded from having their firm nationalized, protecting their operations and investments.

For a variety of tech industries that fall under Category 5 of BOI-promoted activities, the BOI provides promotion schemes. Among the well-known tech sectors in this category are:

Under Category 5.7, two distinct types of software industries are eligible for BOI promotion: 

  • Embedded or High Value-Added Software 
  • Enterprise Software and/or Digital Content

Category 5.8: E-Commerce

Category 5.9: Digital Services (Including fintech). Digital services encompass a wide range of offerings. It includes software platforms, managed services, digital architecture design, and various industry-specific fintech services like insurtech, regtech, medtech, agritech, etc.

  • To apply for BOI investment promotion, approval from Thailand’s Ministry of Digital Economy and Society is necessary.
  • The hiring of digital experts is mandatory. Additionally, the project must have a financial expenditure of at least one million baht (approx. USD 28,000). However, this expenditure excludes fees for land and operating capital.
  • The project must deliver digital services and have the mentions in the reports.
  • Within two years of the start of full operations, projects that need investments of 10 million baht or more. Note that, this investment excludes land and working capital expenses. Additionally, it must receive ISO2000 certification or other quality standards certified by Thailand’s Ministry of Information and Communication Technology.
  • The revenue for the promoted business will be derived from sales or services that are directly associated with the digital services firm that is being marketed.

Due to their considerable strategic significance and ability to propel strong economic growth in the nation, the BOI actively promotes and supports investments in particular fintech sector segments. The following types of Fintech businesses are eligible for BOI promotions easily:

The BOI promotes fintech companies that facilitate peer-to-peer lending. Promoting investments in P2P lending platforms helps to diversify Thailand’s financial environment. Additionally, it facilitates greater financial inclusion, as the BOI holds the responsibility to minimize regional disparity.

Electronic wallets and digital payments are some of the fintech topics that the BOI pays particular attention to. The BOI’s incentive helps improve the convenience and accessibility of digital financial services for the Thai populace. Additionally, it fosters innovation in payment technologies.

Blockchain technology adoption and use is another area that the BOI actively promotes within the fintech industry. BOI assists blockchain technology businesses focusing on identity verification, smart contracts, and supply chain management.

The BOI encourages investments in insurtech businesses because it acknowledges the revolutionary potential of technology in the insurance industry. The benefits of receiving support from the BOI can be numerous and include access to partnerships and investment, regulatory guidance specific to the insurtech industry’s difficulties, and the chance to work with well-established players in the insurance sector.

To Apply for BOI Promotion and start fintech business in Thailand, you need to follow these steps:

A substantial time and effort commitment is necessary due to the intricate application process for the BOI certification. Getting approvals for hiring and business operations can be difficult, and even after establishment, meeting the operational requirements of the BOI can be difficult. Common obstacles to attaining and preserving compliance include:

  • Drafting and submitting an effective feasibility study to the approvals committee
  • Proving the importance of particular positions held by foreigners in management and staff
  • Providing compelling evidence of the qualifications and experience of foreign workers
  • Following Thai accounting and financial reporting regulations to the letter

Konrad Legal, the leading corporate law firm in Thailand, stands out among these complications as a highly-skilled partner to help with BOI certification in Thailand. Businesses may easily traverse the BOI Thailand application process, including completing the required paperwork, participating in crucial interviews, and upholding compliance duties with the extensive help of the Konrad Legal team. Fintech businesses that work with Konrad as a strategic partner may get past regulatory roadblocks like creating convincing feasibility studies, validating important responsibilities, and adhering to strict accounting regulations.
Get in touch with us right now to start your road toward success, growth, and innovation in Thailand’s thriving fintech sector. Please email us at officer@konradlegal.com and our team will get back to you within one Thai working day to help you start your fintech business in Thailand.

Friday, November 10, 2023

How to Draft MOA for Company Registration in Thailand?

 


To start with, you must know that the Memorandum of Association (MOA) for Company Registration in Thailand differs from the Articles of Association (AOA) greatly. We will surely explain the difference in this article, before which you must know about MOA. This will help you understand the difference better and proceed with the application process for Company Registration in Thailand properly.

What is the Memorandum of Association (MOA) for Company Registration in Thailand?

A Memorandum of Association (MOA) is a legal document that establishes a company’s fundamental principles and objectives at incorporation. It is a requirement by Thai law that all limited companies must have an MOA.

The MOA typically includes the following information:

  • Name of the Company
  • Business Objectives of the Company
  • Company’s registered address
  • Company’s authorized capital
  • The number of shares that the company has the right to issue
  • The types of shares that the company has the authorization to issue
  • The rights and privileges of each type of share
  • The names and addresses of the company’s directors and shareholders


The MOA is a very important document for company registration in Thailand. Correct and accurate drafting of the MOA is important to avoid any problems with the Thai authorities. If you need help drafting an MOA, you should consult with a reliable corporate law firm in Thailand.

How Memorandum of Association (MOA) is different from Articles of Association (AOA) in Thailand?

MOA holds the company’s essential information and serves as the company’s constitution. Whereas, the content of an AOA constitutes all internal management rules and regulations.

  • The MOA describes the company’s powers and purposes, while, AOA defines its rules. This is the primary distinction between the two documents.
  • Should there be any discrepancy regarding a provision between the Memorandum and the Articles of Incorporation, the Memorandum of Association will take precedence.
  • MOA outlines the company’s goals and authority. On the other hand, AOA states the company’s rules and regulations.
  • While changes to the AOA can only be made by a Special Resolution (SR) at the Annual General Meeting, changes to the MOA require the consent of the central government beforehand and must be passed by a special resolution at the meeting (AGM).
  • The MOA must be filed with the Registrar of Companies at the time of incorporation. While voluntary registration is an option, the company may not comply with these standards for AOA.


Overall, the MOA defines the external relations and objectives of the company, while the AOA focuses on the internal management and operation of the company. Both documents are essential for registering and governing a company in Thailand, and they must comply with the legal requirements of Thai company law. It’s important to consult with legal professionals or authorities in Thailand to ensure compliance with the specific regulations in the country.

Requirements for Memorandum of Association in Thailand

In general, companies in Thailand are primarily of two types – a Private Limited Company and a Public Limited Company. Along with the difference in the names, there is a difference in the process of their formation as well as the involved MOA. For your convenience, we have clearly defined the contents of MOA in both cases below:

A Private Limited Company’s MOA must hold the following details:

  • Name of the company
  • Location of the company’s registered office
  • Objectives of the company
  • Division of the Registered capital must be equal for each share with the same value
  • Name, address, age, occupation, and number of shares of the shareholders
  • Name, address, and age of two witnesses

The MOA for a Public Limited Company must include the following:

  • Company name
  • The purpose of the company is to offer shares for sale to the public
  • The objective of the company
  • Registered capital, including the type, number, and value of shares
  • The province where the company will be located
  • Names, dates of birth, nationalities, and addresses of the promoters and the numbers of shares for which each of them has subscribed


You have to submit the application for filing the MOA with a stamp duty of THB 200 to the Department of Business Development. Please note that this stamp duty is subject to change as per the announcement of the DBD or Revenue Department of Thailand.

Furthermore, to submit your MOA to DBD, you have to enclose the same with the Boj. 2 form which you can download from the link below:

For more information about Memorandums of Association in Thailand, why not talk to one of our experts now? Talk to an expert!

Additionally, we have experts on board who can help with accounting, audit, and tax services in Thailand. Alternatively, you can simply email us your requirements at officer@konradlegal.com and our team will get back to you within one Thai working day.

Thursday, November 2, 2023

Statutory Meeting to Register Company in Thailand

 


Are you planning to start a business in Thailand? If you are from Thailand, then, apart from the requirement of a Thai partner, as in the case of foreign investors, the entire process of company registration is the same for all. Just like company name reservation, drafting of MoA/AoA/MoU, and tax registration, Statutory Meeting is very crucial for Company Registration in Thailand.

Name Reservation for Company Registration in Thailand is the first stage of the process, you have to convene a Statutory Meeting just after this on finalization of the Memorandum of Association (MoA) or AoA or MoU, as applicable. This article aims to guide you throughout the process of convening the Statutory Meeting to register your company in Thailand.

What is a Statutory Meeting for Company Registration in Thailand?

A Statutory Meeting is a meeting that must be held within 30 days of the incorporation of a company in Thailand. The meeting must be attended by at least two-thirds of the directors of the company, and the following items must be discussed and approved:

  • Appointment of the first auditor of the company
  • Adoption of the initial financial statements of the company
  • Distribution of the initial profits of the company

You have to file the minutes of the Statutory Meeting with the Department of Business Development within 15 days of the meeting on a mandate.

Why Statutory Meetings are Important for Company Registration in Thailand?

A Statutory Meeting, also known as the First Annual General Meeting, is an important step in the process of registering a company in Thailand. Here are some reasons why the Statutory Meeting is important for company registration in Thailand:

It is a Legal Requirement!

The Statutory Meeting is a mandatory requirement under Thai company law. You have to convene this within one month from the date of company registration for private limited companies and within three months for public limited companies. Failure to hold this meeting within the prescribed time frame can result in penalties or consequences for the company’s legal status.

Ensures the Compliance of Key Documents

During the Statutory Meeting, shareholders must approve important documents and information, such as the company’s Articles of Association, the appointment of directors and auditors, and the capital structure. Nonetheless, this ensures that the company’s foundational documents are in order and compliant with Thai corporate regulations.

Confirms Company Ownership Structure

The Statutory Meeting allows the company to confirm the identity and shareholdings of its initial shareholders. This helps maintain transparency and accountability in the company’s ownership structure.

Establish the Financial Reporting Structure & Operations of the Company

The company’s financial statements, including the balance sheet and income statement, are presented and approved during the Statutory Meeting. Shareholders have the opportunity to review the company’s financial performance and its financial health. This provides transparency and accountability to shareholders and allows them to assess the company’s progress. The meeting also helps in ascertaining whether your financial reporting complies with Thai Financial Reporting Standards or not.

What Happens in a Statutory Meeting for Company Registration in Thailand?

Please note that a Statutory Meeting is possible only after the finalization of shareholders or the share structure. Once done, the following are the major activities conducted during a statutory meeting:

  • Acceptance of the Association’s Articles (by-laws).
  • Approval of all agreements made and costs paid by the promoters to publicize the business.
  • Deciding on the compensation, if any, applicable for the promoters.
  • Determining the type and quantity of preference rights that will accrue to them, as well as the issuance of preference shares, if any.
  • Determining the number of common shares or preference shares for distribution as fully or partially paid-up, if not in cash, and the maximum level at which such shares will be deemed paid-up.
  • Appointing the initial auditor(s) and director(s), as well as defining each director’s authority.

After completing the statutory meeting successfully, the promoters must hand over the businesses and company operations to the directors.

Consult a Corporate Law Firm for a Statutory Meeting in Thailand

It is always wise to have corporate law support by your side while conveying the Statutory Meeting. Although you need support from the beginning, yet, your association with a corporate law firm in Thailand can help you in the following ways:

  1. Easing the Process of Company Name reservation in Thailand
  2. Drafting the Memorandum of Association, Shareholder’s Agreement, Article of Association
  3. Convenience in Company Registration Applications at the Department of Business Development of Thailand
  4. Drafting of Appointment Letters for Directors, Shareholders (if required) and Auditors
  5. Proper documentation of the Minutes of the Statutory Meeting

Additionally, if the corporate law firm has expertise in accounting, taxation, and payroll management, you can get extra benefits. Such firms can finalize your accounting and financial reporting structure. Furthermore, they can do your daily accounting by relieving you from hiring an accounting, taxation, or payroll management team. To avail of all the benefits, email us your requirements at officer@konradlegal.com. Our team will get back to you within one Thai working day.

Wednesday, October 25, 2023

How to Reserve Company Name in Thailand?

 

Starting a business in Thailand is an exciting endeavor, but it comes with certain administrative procedures that need to be followed meticulously. One of the first steps in registering a company in Thailand is reserving a unique and suitable company name. This article will guide you through the process of company name reservation in Thailand, outlining the steps and important considerations.

Importance of a Good Company Name

Choosing the right company name is crucial for your business in Thailand. A well-thought-out name can help your company stand out in the market, establish a brand identity, and gain recognition. It also plays a significant role in building trust and credibility with your customers, partners, and stakeholders.

Steps to Reserve a Company Name in Thailand

Preliminary Name Check

Before formally reserving a company name, conduct a preliminary name check. This can be done through the Department of Business Development’s (DBD) website or by visiting their office. However, take our suggestion on this – either you should know or understand the Thai language, or have someone by your side with the capability to do so. The goal is to ensure that the name you desire is unique and not already registered by another company.

Reserve the Name

Once you’ve confirmed the availability of your chosen name, you can officially reserve it. This can be done online through the DBD’s website or in person at the DBD office. Keep someone who knows and understands the Thai language by your side for smooth communication with the DBD officials. A reservation fee is typically required.

Submission of Required Documents

You will need to provide certain documents when submitting your name reservation request. These documents may include a copy of your passport, proof of address, and a completed application form. Make sure to check the specific requirements with the DBD.

Name Approval

The DBD will review your name reservation application. If the name is unique and complies with their guidelines, it will be approved. This process can take a few days, and you will receive a confirmation once your name is officially reserved.

Name Reservation Period

In Thailand, a company name reservation is typically valid for 30 days. You must register your company within this period using the reserved name, or you may need to repeat the name reservation process.

Company Registration

With your reserved name, you can proceed with the registration of your company. This involves preparing the necessary documents, determining the business structure (limited company, partnership, etc.), and fulfilling other legal requirements.

Important Considerations

Language

Your company name can be in Thai, English, or a combination of both. Ensure that the name is easy to pronounce and memorable for your target audience.

Uniqueness

The name you choose must be distinctive and not too similar to existing company names. The DBD has strict guidelines regarding name uniqueness.

Trademark Research

Conduct thorough research to ensure your chosen name is not trademarked by another business, which could lead to legal disputes.

Relevance

Consider how the name relates to your business activities. A relevant name can help potential customers understand what your company does.

Future Growth

Think about the scalability of the name. Will it still suit your company if it expands or diversifies its offerings?

Now maintaining all these steps and adhering to the regulations meticulously, 

Conclusion

Reserving a company name in Thailand is a crucial initial step when starting a business. It’s important to choose a name that reflects your business identity, is easy to remember, and complies with legal requirements. By following the steps outlined in this guide and considering the key factors mentioned, you can successfully reserve a company name and set your business on the right path in the vibrant Thai market.

However, keeping the constraints in mind, you may face various hurdles in the process. Therefore, we recommend that you consult a corporate law firm in Thailand to easily swim through the process successfully and get your preferred name for your business in Thailand. Email us at officer@konradlegal.com to get in touch with our Thai corporate law experts instantly!

Friday, October 20, 2023

Company Registration with Virtual Office in Thailand

 

Are you an entrepreneur or business owner and planning to mark your presence in Thailand? Then we can help you with a very cost-effective idea. Go for company registration and virtual office rental in Thailand. To enhance the ease of company registration, the use of virtual offices is now legal in Thailand. The Department of Business Development, the Revenue Department of Revenue, and the Department of Social Security (SSO) of Thailand acknowledge the Virtual Office.  

However, it was not so a couple of years back and still associates certain ambiguities with it, to bust which, you must hire a reliable corporate law firm in Thailand. Although you can use a virtual office to register your business in Thailand, there are certain conditions that you should know beforehand. Let us help you with some of those points:

  • A virtual office is suitable for registering the following business entities:
    • Representative Office in Thailand
    • Branch Office in Thailand
    • LLP and LLC in Thailand (for Startup & Small Business)
  • Because regulatory bodies have stricter standards for the Office, there can be limitations on obtaining certain licenses.
  • A virtual office address does not meet the address requirement for obtaining a non-immigrant B Visa or Business Visa.

However, you can complete all types of tax registrations using a virtual office address. The process of company registration in Thailand is the same as in general, you must have proper guidance in doing the same. To facilitate a proper understanding of the same, we have outlined the necessary steps below:

Step 1: Think of a meaningful and unique company name

You have to follow the Name Reservation process of the Department of Business Development (DBD) in the Ministry of Commerce. We typically ask our clients for at least two or three company names that we can reserve in the event that the name is already taken or cannot be used.

If your company name is not already reserved, our company registration team will search the Ministry of Commerce database in Thailand on your behalf.

Step 2: Draft, Sign & File the Memorandum of Association (MOA)

A Memorandum of Association (MOA) is a document that indicates the reserved name of the company, the company address, its business objectives, the registered capital, and the names of the promoters or partners. You have to submit these documents to the Department of Business Development (DBD) in the Ministry of Commerce.

Our team of expert corporate law professionals will draft an MOA following the best-updated practices. Henceforth, we will send it your way for review. You can now ask for any necessary adjustments. The Ministry of Commerce will get a copy of this legal document. The list should include all shareholders’ names and contact information. Additionally, it must be able to prove the company’s address, registered and paid-up capital, and the main business activity.

Your company is now officially registered in Thailand after receiving the Ministry of Commerce’s clearance, and you will receive your Company Affidavit, Certificate, List of Shareholders, and Company Articles of Organization.

Step 3: Convene Statutory Meet

After finalizing the share structure of your company, and DBD’s authorization to the Articles of Association and MOA, you have to select a Board of Directors and appoint an Auditor. To conduct all these, you have to convene a Statutory Meet in Thailand.

The Company Directors must submit the application to form the business, along with company registration fees in Thailand. Note that, you must do so within three months from the date of the Statutory meeting.

Step 4: Complete the Tax Registration Process

Like all other nations, it is a mandate for all businesses to do tax registration to operate in Thailand. Within 60 days of formation or the beginning of business operations, companies that are liable to pay Corporate Income Tax (CIT) must receive a Tax ID card and registration number from Thailand Revenue Department.

You must consult with a professional Thai business tax consultant to check your tax eligibility. The tax consultant or firm will also help you obtain your Thai tax ID Card.

There is no requirement to register for VAT if your company’s anticipated annual revenue is less than 1,800,000 Baht. However, you have to submit copies of your company registration documents to the Central Filling Office of the Revenue Department. This is to obtain your Company Tax ID Card.

If your firm does not already own the land outright and you need to register for VAT or receive a VAT Certificate, you must get consent from the landowner where your business is registered.

Step 5: Open a Corporate Bank Account

Our Business Registration package includes entire documentation and all necessary support to open a corporate bank account in Thailand

To open and approve your bank account, the bank manager requires the presence of all company directors and signatories. Some banks may demand that the foreign signatories have a valid work permit before approving the bank account.
For seamless and professional support on company registration and obtaining a virtual office in Thailand, contact us. Email us at officer@konradlegal.com and our team will get connected with you within 1 Thai working day!

Tuesday, October 17, 2023

Is Work Permit in Thailand Necessary for US-Thai Amity Treaty Companies?

 


To know whether you will need a Work Permit for Amity Treaty Company in Thailand, you must know about the treaty relations. American individuals and businesses are allowed to own majority (more than 51%) shares of a Thai Limited Corporation through a US Treaty of Amity Company. The US Treaty of Amity also allowed American businesses to operate on the same terms as Thai businesses and exempted them from the majority of the foreign investment limitations set by the Alien Business Law of 1972.

The Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America, often known as the US-Thai Treaty of Amity, was signed on May 29, 1966, to grant special rights and privileges to American residents who sought to open enterprises in Thailand.

While having a huge advantage over other foreign individuals or businesses, US Amity Treaty Companies are not permitted to engage in the following activities, which are only permitted for businesses with majority Thai owners.

  • Communications
  • Transportation
  • Fiduciary functions
  • Banking involving depository functions
  • Land Ownership, Exploitation of land, or
  • Other natural resources; and
  • Domestic trade in indigenous agricultural products.

Do You Need a Work Permit for Amity Treaty Company in Thailand?

The 4 Thais to 1 Foreign Worker (Work Permit) rule does not exempt US Amity Treaty companies. Employing four Thai nationals, covering their Social Security costs, VAT registration, and having at least THB 2 million in registered capital are all mandatory. Additionally, for a US Amity Treaty company to sponsor employees, a Non-B Visa and a Work Permit is also necessary. 

The registered capital is two million Baht. Additionally, you only need two Thai employees if you already have a one-year extension based on marriage.

Therefore, your thought that the US-Thai Amity Treaty company can enjoy a Work Permit exemption is completely wrong!

Are you planning to start a US-Thai Amity Treaty Company in Thailand?

Please note down the following basic requirements:

  • American citizens or an American sole proprietorship, partnership, representative office, branch office, joint venture, or limited company must hold at least 51% of the shares. 
  • At least half of the directors must be Americans. 
  • The company’s ultimate beneficiary must be an American.

Matters may be different in your case. It is because, whenever a Treaty or Bilateral Trade Agreement guides a company registration procedure, it becomes very case-sensitive. The same is applicable for Double Tax treaties. Therefore, you must seek professional guidance in this regard before you expedite your US-Thai Amity Treaty Company registration process. A reliable corporate law firm in Thailand can guide you best on your need for a work permit for Amity Treaty company in Thailand.

Feel free to seek our free email consultation at officer@konradlegal.com. Get in touch with our team of corporate law professionals will assist you thoroughly in the process. In this regard, our scope of services, although not limited to, includes the following:

work permit for amity treaty company in thailand