How can a foreigner own majority or 100% shares in a Thai Company?
Posted On July 24, 2019
There are 6 ways to achieve it, and the company must fall under one of the following categories:
1. Export or manufacturing company – if the company will only be involved in the manufacturing and/or export business, with no local trading, and where importing of goods (raw materials, machinery, etc.) are strictly for the purpose of manufacturing and/or exporting
2. American owned company – if majority of the shareholders and directors are US nationals, the business may be registered under the Treaty of Amity between Thailand and the US either as a branch office of an existing American company or as a newly established Amity company in Thailand.
3. BOI promoted company – if the company is eligible to receive investment promotion from the Thai Board of Investment (https://www.boi.go.th/index.php?page=eligible_activities&language=en)
4. Representative office – if the company wishes to have a presence in Thailand for the purpose of learning about the local market, marketing, introducing the products offered by the foreign head office, without earning an income or paying taxes.
5. Branch office – if a foreign head office intends to register a branch office and bring in technology transfer, whereby the business activities are not prohibited under the Foreign Business Act.
6. Newly incorporated company holding a foreign business license – if the business activities are not prohibited under the Foreign Business Act, and the company would be involved in complex activities bringing in technology transfer (similar to the branch office of a foreign company).