Branch Office setup in Thailand
Branch office in Thailand is a 100% foreign-owned branch of a foreign company.
The foreign Company (assuming the real owner) of the Branch Office is fully liable for the Branch Office. Unlike a representative office that may only engage in certain non-revenue-raising activities (non-trading activities), a branch office may in fact be involved in generating profit for the parent company (it is therefore called a trading entity).
Overview of a Branch Office in Thailand
|Foreign Ownership||Up to 100%|
|Capital Requirements||Minimum 3 million THB paid up capital|
Regular progressive corporate income tax rates
may need to check Tax Treaty with home country.
|Foreign Business License||Will be issued upon approval of the registration|
|Business Restrictions||Restricted to the business for which the Branch Office is registered|
|Registration Duration||3–4 months|
|Documentation||Required notarized documents of the Foreign Company (Owner of the branch office).|
How to set up a Branch Office
The process for registering a Branch Office in Thailand requires the company documents of the foreign head office to be notarized, verified by the Thai Consulate / Embassy in the home country, translated to Thai language, and a complete business plan of the intended activities to be carried out in Thailand. You may also be asked to have all these documents certified at the Ministry of Foreign Affair here in Bangkok as well.
Here is a list of documents that you need to prepare.
Complete set of Head Office Company Document such as: Company Certificate, Registered Capital, Business Objectives, Company Affidavit / Article of Association, Official place of business, List of members of the board of directors and authorized signatories of the juristic person, List of shareholders.
An appointment letter issued by the authorized signatory of the Head Office appointing an individual in Thailand (may be foreigner or Thai national) to be in charge of the operations of the branch in Thailand on behalf of the Head Office.
A copy of the appointed individual’s passport, identification document for foreigners or identification card as well as house registration or certificate of residence in Thailand, Visa or evidence of permission to enter Thailand
A declaration by the foreign juristic person certifying that the applicant, directors, managers and appointed individual satisfy the qualifications and do not possess any prohibited characteristics under section 16 of the Foreign Business Act, B.E. 2542 (1999).
A map indicating the approximate location of the place of business operation in Thailand.
A power of attorney in the case where another person has been authorized to act on the applicants behalf for establishment of the Branch Office in Thailand.
Other evidence or documents, such as confirmation from the head office of the salary and other remuneration of the person in charge of the operations in Thailand, the head office’s annual audited financial report for the last three years, and so forth.
A declaration detailing the type of business for which a license application is made to establish the branch:
Setting up a branch office in Thailand is not as straightforward as setting up a Thai Limited company. The Ministry of Commerce has the right to reject applications which they do not see fit. Should you wish to proceed to set up a Branch Office, our Company Incorporation and Legal team can assist you with it.
Duration: 3 to 4 months. Inclusive of all professional, gov't and incidental fees
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