Practical Notes
Practical questions about investing, building and operating in Thailand.
15 results for your search
01Can you apply for BOI promotion before setting up the Thai company?
Yes. Thailand’s Board of Investment (BOI) allows an individual promoter to file an investment-promotion application before the intended Thai operating company is incorporated. But…
02When should investors remit funds for a Thai capital increase?
Do not choose the remittance date in isolation. For a Thai private company, shareholder approval, the issue of new shares, payment, bank evidence and registration with the…
03How much capital does a foreign-owned Thai company need for a Foreign Business Licence?
Do not assume the answer is simply THB 3 million. For a business requiring a Foreign Business Licence (FBL), the statutory floor is generally THB 3 million per business, but the…
04Can parties sign a Thai operating contract before the intended company exists?
Yes, but the future Thai company cannot sign a contract before it legally exists. Someone else must contract in the interim — for example a promoter, foreign parent or existing…
05Can foreign governing law or arbitration cure a Thai foreign-ownership restriction?
No. Choosing foreign governing law or offshore arbitration can change how contractual disputes are resolved, but it does not make a Thai business structure lawful if the structure…
06Does assembling a product in Thailand make it “Thai origin” for U.S. import purposes?
Not automatically. A product assembled in Thailand may qualify for Thai origin treatment only if the applicable origin rules are satisfied. Separately, U.S. authorities apply U.S.…
07What does a building certificate actually prove before you buy or redevelop a property in Thailand?
It depends on the document. There is no single “building certificate” that proves every aspect of a property is legally usable. A municipal letter identifying existing structures…
08What environmental approvals should a buyer verify before acquiring or financing a project in Thailand?
Do not treat an environmental consultant’s report—or the consultant’s professional licence—as proof that the project itself received the required environmental approval. First…
09Can you register a long-term lease over mortgaged land in Thailand?
Yes. An existing mortgage does not by itself prevent registration of a lease. Department of Lands guidance has specifically stated that a land registrar should not refuse a lease…
10What should a Thai company check before calling a shareholders’ meeting for a capital increase?
A capital increase should not start with a calendar invitation. For a Thai private company, issuing new shares requires a special resolution of the shareholders. Before the notice…
11What if BOI approval arrives on terms that change the economics of the investment?
Receiving Board of Investment (BOI) approval should not automatically mean that an investor is contractually required to fund. The approval letter may contain a promoted activity,…
12Can a new operator take over an existing factory licence, or must it apply again?
Sometimes an existing factory licence can be transferred to the incoming operator. It is not, however, a licence that automatically follows the building. Under Thailand’s Factory…
13Can a BOI-promoted factory use privileged machinery for non-promoted work?
Not without checking the Board of Investment (BOI) position first. BOI currently states that machinery imported using BOI import-duty privileges must be used for the promoted…
14When is a loan really an intra-group loan for Thai regulatory purposes?
Calling two companies “group companies” is not enough. For a company that is a foreigner under Thailand’s Foreign Business Act, lending money is generally treated as a service…
15Who should pay for fit-out and fixed improvements—and what happens to unamortised investment on exit?
Do not allocate “CAPEX” broadly. Where a tenant, operator, concessionaire or service provider invests in someone else’s premises, expenditure should be divided by the nature of…
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