Entity selection and formation
Advice tailored to the legal, documentary and implementation requirements relevant to entity selection and formation.
Corporate Law & M&A
Company Set-up in Thailand
Choose and establish a structure that fits your ownership position, intended activities and long-term plans in Thailand.
The legal position
The legal form should follow the intended activity
Company registration is only one part of the analysis. The structure should be tested against the proposed activities, ownership position, control requirements and plans for operating in Thailand.
Each structure creates a different relationship between the Thai operation, the foreign investor and the people responsible for the business. The same early review can identify whether a branch, representative office, BOI promotion, treaty route, Foreign Business Certificate or Foreign Business Licence should be considered instead.
Before the filing begins
- What will the Thai operation actually do?
- Who must own or control the business?
- Will the activity be restricted or sector-regulated?
- Which permissions, certificates or exemptions may be relevant?
A sequence of documents, decisions and filings
Formation commonly includes reserving the company name, preparing the Memorandum of Association, subscribing for shares, holding the statutory meeting, arranging the amount called on shares and submitting the incorporation filing. The company objects, shareholding, directors, address and supporting documents should be aligned before submission.
Ownership and activity analysis must be fact-specific
The Foreign Business Act analysis depends on whether the investor is a “foreigner”, the precise activity and the legal basis on which the business will operate. There is no single minimum-capital figure that applies to every Thai company or business.
Frequently asked questions
Questions to consider before proceeding
Does every Thai private company require the same capital?
No. Capital requirements depend on the person or entity, the activity and the legal basis on which the business operates.
Can foreign ownership be assessed by shareholding alone?
No. The activity, Foreign Business Act position, sector laws and any licence, certificate, promotion or treaty route must be reviewed together.
How SBC Law can assist
Focused support built around the matter and its commercial context.
Our role is tailored to the route, the evidence and the outcome required—not a standardised package applied to every matter.
Foreign ownership and FBA analysis
Advice tailored to the legal, documentary and implementation requirements relevant to foreign ownership and fba analysis.
Promoters, directors and corporate records
Advice tailored to the legal, documentary and implementation requirements relevant to promoters, directors and corporate records.
Tax, accounting and activity licences
Advice tailored to the legal, documentary and implementation requirements relevant to tax, accounting and activity licences.
Discuss your objectives
Advice shaped around the objective and the operating context.
Tell us what you are planning, what has changed and where you need clarity. Our Bangkok team will help identify the relevant legal pathway.