Marriage Visa in Thailand. For many foreigners, love leads them to the Land of Smiles. But if you find yourself hitched to a Thai citizen and chcący (chcący means "wanting" in Polish) to stay in Thailand, you'll need a marriage visa. This special visa allows foreign spouses of Thai nationals to reside in the country for extended periods.

Who Qualifies?

The requirements for a Thai marriage visa are straightforward:

• Be legally married to a Thai citizen: This seems obvious, but it's the foundation of the entire process.
• Meet financial requirements: You'll need to show either a minimum balance of 400,000 baht in a Thai bank account for at least two months or a monthly income of 40,000 baht.

There might be additional documents required depending on the immigration office you visit. An "Affirmation of Freedom to Marry" might be requested, obtainable from your embassy in Thailand.

Benefits of the Marriage Visa

So why go through the process? Here are some perks of the Thai marriage visa:

• Extended stay: Unlike tourist visas, a marriage visa grants you a one-year stay in Thailand, renewable annually.
• Work authorization: Unlike retirement visas, marriage visas allow you to apply for a work permit and legally hold a job in Thailand.
• Convenience: With a marriage visa, you can freely enter and leave Thailand throughout the year without needing a re-entry permit.

The Marriage Visa Process

The process for obtaining a marriage visa can vary depending on your situation. Here's a general outline:

1. Get married: This might seem obvious, but ensure your marriage is legally recognized by Thai authorities.
2. Gather documents: This includes your passport, marriage certificate, proof of residence, financial documents, and potentially others depending on the immigration office.
3. Apply at an immigration office: Locate the immigration office with jurisdiction over your spouse's residence and submit your application package.
4. Wait for processing: The processing time can vary, so be patient.

Keeping Your Visa Valid

The marriage visa is renewable every year. To maintain your visa status, you'll need to submit similar documents as your initial application and ensure your marriage remains valid.

Remember, this article provides a general overview. For the latest information and specific requirements, consult the Thai Immigration Bureau or a visa consultant. With careful planning and a little patience, a Thai marriage visa can pave the way for a happy life in Thailand with your loved one.

The Thailand Elite Visa is an immigration instrument issued under Section 17 of the Immigration Act B.E. 2522 (1979). Unlike standard visa categories (e.g., for work, retirement, marriage, or investment), this visa is granted on a discretionary basis and tied to a membership contract with a state enterprise: Thailand Privilege Card Co., Ltd. (TPC).

The Elite Visa is not a right granted based on eligibility criteria, but a privilege acquired through financial participation in a government-administered residence program. This article outlines in detail the benefits and privileges that stem from this visa category, with emphasis on legal infrastructure, administrative facilitation, and practical outcomes for foreign nationals.

II. Legal Basis and Institutional Context

A. Statutory Authority: Section 17 of the Immigration Act

Section 17 allows the Minister of Interior, with Cabinet approval, to admit an individual or class of individuals to stay in Thailand "under any condition." This provision is rarely invoked but forms the sole legal foundation of the Elite Visa.

B. Administrative Entity: Thailand Privilege Card Co., Ltd.

• A state-owned enterprise under the Tourism Authority of Thailand (TAT)

• Functions as the contractual and administrative intermediary between the government and the foreign resident

• Issues membership cards and coordinates with the Immigration Bureau for visa issuance and renewal

• Provides non-immigration services under the Thailand Privilege Program

III. Membership Structure and Visa Validity

Each membership tier determines the visa’s validity period, access to services, and the availability of additional benefits.

Each membership includes a Non-Immigrant PE (Privilege Entry) Visa, issued in 5-year increments, and allows for renewal without departure.

IV. Immigration-Related Privileges

1. Long-Term Legal Stay

• Visa holders can remain in Thailand for up to 365 consecutive days per entry, without the need to exit or renew outside the country.

• No proof of income, retirement savings, or insurance coverage is required at the time of application or extension (as of current regulations).

• No need for a work sponsor, family ties, or property investment.

2. Reentry Permits Exempted

Unlike standard non-immigrant visas, the Elite Visa is multiple-entry by default. Reentry permits are not required, and the visa continues to be valid upon return.

3. Delegation of Immigration Reporting

• TM.30 (residence reporting) and TM.47 (90-day address reporting) are still legally required.

• However, Elite Visa holders may delegate this responsibility to TPC through a Power of Attorney, simplifying compliance.

4. Visa Renewal Simplification

• Extensions are conducted in-country through the One Stop Service Center for Visa and Work Permits (OSSC) in Bangkok, or at local Immigration Offices.

• There is no need for border runs or embassy involvement for annual renewal.

V. Contractual Privileges: Lifestyle and Administrative Support

The Elite Visa is not only an immigration document but also a membership in a government-administered lifestyle program. Benefits are delivered through a privilege points system, which functions independently from the visa itself.

A. Privilege Points

Points are allocated annually based on the tier and can be exchanged for the following:

Conditions:

• Points expire annually and are not cumulative

• Availability is subject to vendor partnerships

• Points cannot be converted to cash or transferred

B. Government Liaison Services

TPC facilitates, but does not legally exempt, participation in Thai bureaucratic systems:

VI. Taxation and Fiscal Considerations

1. Tax Residency Criteria

Under Thai tax law, any individual present in Thailand for 183 or more days in a calendar year is considered a tax resident, and must:

• Register for a Tax Identification Number (TIN)

• File an annual Personal Income Tax Return (Form PND 90/91)

• Declare and pay tax on Thai-sourced income

2. Foreign-Sourced Income (Section 41, Revenue Code)

Thailand taxes foreign income only if it is remitted into the country in the same year it is earned. Consequently:

• Income held offshore and remitted in a later calendar year is not taxable in Thailand

• This rule supports tax deferral strategies for Elite Visa holders with income from abroad

This is especially relevant for:

• Retirees receiving pensions

• Business owners earning from offshore structures

• Digital nomads and freelancers paid from outside Thailand

VII. Family Members and Dependents

Members in the Platinum, Diamond, or Reserve tiers may apply for dependents, defined as:

• Spouse

• Children under the age of 20

Each dependent:

• Requires a THB 1 million membership fee

• Receives a matching PE visa

• Does not receive Privilege Points, unless enrolled separately

VIII. Legal Restrictions and Revocation Grounds

1. Employment Prohibition

The Elite Visa does not allow employment. This includes:

• Salaried work

• Freelance or contract services

• Operating or managing a business

• Volunteering or unpaid consultancy

Working without a permit exposes the holder to:

• Revocation of visa

• Deportation and blacklisting

• Criminal prosecution under the Alien Working Act

2. Property Ownership

Elite Visa holders are treated as foreigners under land law:

• May own condominiums (subject to foreign ownership cap)

• May lease land or buildings (maximum 30-year lease)

• Cannot own freehold land

There are no real estate privileges granted by the visa.

3. Termination Conditions

Membership fees are non-refundable regardless of reason for cancellation.

IX. Application Process

Eligibility

• Must be at least 20 years of age

• Hold a valid passport

• Have no criminal record or Thai immigration violations

Procedure

1. Apply through TPC or authorized agent

2. Undergo background screening (Royal Thai Police and Immigration Bureau)

3. Upon approval, pay the full membership fee

4. Receive welcome documents and membership ID

5. Visa issued at:

   • A Thai embassy or consulate abroad, or

   • One Stop Service Center in Bangkok (for in-country issuance)

Processing time: 30–90 days

X. Summary of Key Benefits and Boundaries

XI. Conclusion

The Thai Elite Visa offers a contractual path to legal long-term residence, framed not as a right, but as a state-authorized privilege. It confers immigration convenience, access to curated administrative services, and a stable legal framework for individuals who wish to reside in Thailand without engaging in work or local investment.

Its primary utility lies in its simplicity and predictability: it avoids the regulatory complexity of other visa types but comes with clearly defined limitations. For non-working residents—particularly retirees, global investors, and digital professionals—it remains a viable legal instrument for extended stay, provided its terms are respected.

Transferring Title Deeds in Thailand. Achieving and transferring property represents a momentous occasion in an individual's life; therefore, knowledge of the legal procedure is essential for a seamless transfer of ownership. The transfer of title deeds, referred to as Chanote in Thailand, is a methodical process encompassing adherence to local regulations, financial transactions, and the submission of legal documentation. This article offers a comprehensive overview of the procedure for transferring title deeds in Thailand, including its legal implications, significance, and essential steps.

I. Importance of Transferring the Title Deed

A. Legal Ownership: The title deed functions as a legally binding document establishing ownership, safeguarding and providing assurance for property rights.

B. Transaction Validation: Property transactions are verified to be legitimate and the vendor obtains the property's rights through the use of properly transferred title deeds.

C. Asset Valuation: Particularly in the context of loans, mortgages, or property development, title deeds are crucial for acquiring property valuations.

II. Varieties of Property Deeds in Thailand

A. Chanote, the most secure and favored type of title instrument, furnishes comprehensive particulars pertaining to the property's perimeters and land utilization.

B. Nor Sor 3 Gor: In contrast to Chanote, this land title deed offers a more restricted scope of details regarding land boundaries.

C. Nor Sor Sam: This is a less secure, lower-level title deed that only provides approximations of boundaries according to aerial surveys.

III. Crucial Stages in the Transfer of Title Deed

A. Preliminary Due Diligence: Perform an exhaustive inquiry into the ownership record, ownership history, and any encumbrances that might impact the transfer of the property.

B. Purchase Agreement: Compose and affix one signature to a purchase agreement that delineates the comprehensive stipulations of the property transaction, encompassing the purchase price, payment schedule, and transfer conditions.

C. Title Deed Examination: Obtain the services of a certified legal professional to perform a thorough evaluation of the title deed in order to verify its validity and ascertain that it is devoid of any encumbrances.

D. Tax Clearance: In accordance with Thai legislation, remit the requisite transfer fees, which comprise the specific business tax, registration duty, and withholding tax.

E. Funds Transfer: Substantiate the vendor with the agreed-upon purchase price in accordance with legislative and financial protocols.

F. Transfer Registration: Finalize the registration process for the transfer of title deed at the Land Office located in the vicinity, where the ownership particulars shall be revised.

IV. Legal Aspects and The Obligation to Do Research

A. Land Zoning and Restrictions: Confirm that the property is properly zoned in accordance with local zoning regulations and for the intended use.

B. Encumbrances and Liabilities: Conduct an examination of the property to identify any extant mortgages, liens, or legal claims.

C. Tax Delinquencies and Fees: Prior to the transfer, verify that all property taxes, utilities, and related fees are in full payment.

D. Transfer Costs and Fees: Taxes, stamp duty, and legal fees are among the various fees that may be incurred during the transfer of a title deed.

V. Considerations After the Transfer

A. Title Deed Update: Inspect the local Land Office to have the title deed updated to reflect the new ownership information.

B. Utilities and Services: Transfer to the new proprietor the name associated with utility services, including water and electricity.

C. Property Insurance: Protect against potential liabilities or risks by arranging for property insurance coverage.

To conclude,

In Thailand, the transfer of title deeds is a meticulously planned undertaking that requires due attention to legal, financial, and administrative factors. Prosperous and secure property transactions can be achieved through the implementation of diligent due diligence procedures, the involvement of competent legal professionals, and strict adherence to local regulations. Gaining knowledge of the importance and procedural intricacies associated with transferring title deeds enables individuals to confidently maneuver through the system, thereby guaranteeing a smooth and fruitful transfer of property ownership.

Notary Public in Thailand. In the realm of legal and business transactions, the role of a Notary Public is pivotal in ensuring the authenticity and legality of documents. Thailand, a hub for international business and commerce, has its own system of Notary Public services, playing a crucial role in certifying and validating various legal documents. This article explores the significance, functions, and the process of notarization in Thailand.

I. Understanding the Notary Public in Thailand

A. Definition:

1. A Notary Public in Thailand is a qualified legal professional authorized to authenticate documents, administer oaths, and witness signatures.
2. Notaries in Thailand play a crucial role in verifying the legitimacy of documents for use both domestically and internationally.

B. Appointment and Authority:

1. Notaries in Thailand are appointed by the Ministry of Justice and operate under the authority of the Ministry.
2. Their authority extends to witnessing signatures, certifying copies of documents, and administering oaths or affirmations.

II. Functions of Notary Public in Thailand

A. Witnessing Signatures:

1. Notaries witness the signing of documents, verifying the identity of the signatory.
2. This function is crucial for legal documents, contracts, and affidavits.

B. Certifying Copies:

1. Notaries can certify copies of original documents, affirming that they are true and accurate reproductions.
2. This is often required for academic transcripts, passports, and other vital records.

C. Administering Oaths and Affirmations:

1. Notaries administer oaths or affirmations to individuals making sworn statements.
2. This is common in affidavits, statutory declarations, and legal affirmations.

D. Notarization for International Use:

1. Notaries in Thailand often notarize documents intended for use in international transactions.
2. This includes documents for business transactions, real estate deals, and legal proceedings.

III. The Notarization Process in Thailand

A. Document Preparation:

1. Ensure all documents are prepared and reviewed before seeking notarization.
2. Documents must be clear, complete, and in compliance with Thai legal standards.

B. Personal Appearance:

1. The individual seeking notarization must appear in person before the Notary Public.
2. This is to verify the identity of the person and witness the signing of documents.

C. Verification of Identity:

1. The Notary Public verifies the identity of the person signing the document through government-issued identification.
2. This is a crucial step to prevent fraud and ensure the authenticity of the signature.

D. Notarial Certificate:

1. After the document is signed, the Notary Public attaches a notarial certificate, affirming the authenticity of the signature.
2. The certificate includes the Notary's seal, signature, and relevant details.

E. Record Keeping:

1. The Notary Public maintains a record of the notarized documents.
2. These records are kept for a specified period and can be used for verification purposes.

IV. Importance of Notarization in International Transactions

A. Acceptance in Foreign Jurisdictions:

1. Notarized documents are widely accepted in foreign jurisdictions.
2. This is crucial for international business, legal proceedings, and cross-border transactions.

B. Legalization and Apostille:

1. Notarization is often a prerequisite for further processes like legalization or obtaining an Apostille for international use.
2. These additional steps ensure the document's validity in other countries.

V. Conclusion

In Thailand, the role of the Notary Public is fundamental in upholding the integrity of legal documents and facilitating smooth international transactions. Whether for business agreements, real estate transactions, or legal affirmations, notarization adds a layer of authenticity that is recognized and respected globally. Understanding the functions and the process of notarization is essential for individuals and businesses engaged in cross-border activities, ensuring the legality and acceptance of their documents in the international arena.

In the intricate landscape of legal and business dealings, the Power of Attorney (PoA) emerges as a valuable legal instrument, granting an individual the authority to act on behalf of another. Thailand, with its dynamic business environment and international engagements, recognizes and regulates the use of Power of Attorney. This article navigates through the nuances of Power of Attorney in Thailand, elucidating its significance, types, and the process of execution.

I. Understanding Power of Attorney in Thailand

A. Definition:

1. Power of Attorney is a legal document that authorizes an individual, known as the "agent" or "attorney-in-fact," to act on behalf of another person, the "principal."
2. The authority granted can be broad or specific, and it may be temporary or enduring.

B. Importance in Legal Transactions:

1. Power of Attorney is a crucial tool for facilitating various legal and business transactions, especially when the principal cannot be physically present.

C. Types of Power of Attorney in Thailand:

1. General Power of Attorney: Grants broad powers to the agent, allowing them to perform a range of actions on behalf of the principal.
2. Specific Power of Attorney: Limits the agent's authority to specific actions or transactions defined in the document.
3. Limited or Special Power of Attorney: Grants the agent authority for a specific purpose and a limited time frame.
4. Durable Power of Attorney: Remains valid even if the principal becomes incapacitated.
5. Non-Durable or Ordinary Power of Attorney: Becomes invalid if the principal becomes incapacitated.

II. The Power of Attorney Process in Thailand

A. Drafting the Document:

1. The principal or their legal representative must draft the Power of Attorney document.
2. The document must clearly specify the powers granted, the scope of authority, and any limitations.

B. Choosing the Agent:

1. The principal selects a trustworthy individual to act as their agent.
2. The agent should be someone with the capability to fulfill the responsibilities outlined in the Power of Attorney.

C. Notarization and Certification:

1. The Power of Attorney document must be notarized by a Notary Public in Thailand.
2. Notarization ensures the authenticity of the document and is often required for legal recognition.

D. Translation (if applicable):

1. If the Power of Attorney is drafted in a language other than Thai, it may need to be translated into Thai.
2. The translated document should be attached to the original for legal validity.

E. Legalization (if applicable):

1. For international use, the Power of Attorney may need to be legalized by the Ministry of Foreign Affairs or obtain an Apostille.
2. Legalization ensures the document's recognition in other jurisdictions.

F. Registration (if applicable):

1. Certain types of Power of Attorney, especially those related to real estate transactions, may need to be registered with the local Land Office.
2. Registration adds an additional layer of legal validity.

III. Uses of Power of Attorney in Thailand

A. Real Estate Transactions:

1. Facilitating the purchase or sale of property on behalf of the principal.
2. Signing contracts, obtaining permits, and handling related transactions.

B. Financial Matters:

1. Managing bank accounts, conducting financial transactions, and handling investments.
2. Dealing with tax matters and filing on behalf of the principal.

C. Legal Representation:

1. Representing the principal in legal proceedings, litigation, or negotiations.
2. Signing legal documents and agreements on behalf of the principal.

D. Business Transactions:

1. Acting on behalf of the principal in business negotiations, partnerships, or contractual agreements.
2. Handling corporate matters, signing contracts, and making business decisions.

IV. Conclusion

Power of Attorney in Thailand is a powerful legal tool that empowers individuals to navigate legal, financial, and business matters efficiently. Understanding the types, process, and uses of Power of Attorney is crucial for individuals and businesses engaged in diverse transactions. Whether facilitating real estate deals, managing financial affairs, or representing someone in legal matters, a well-executed Power of Attorney ensures that actions are taken with the legal authority and consent of the principal. It stands as a testament to the legal sophistication of Thailand, providing a framework for secure and effective delegation of authority in various aspects of life and business.

After having experienced the beauty and mystique that is the Kingdom of Thailand, many people want to make it their permanent home. Thankfully Thai immigration is not just a dream and can be done in various ways. This article will go through the most common of these methods. Most importantly, the first step would be to employ a Thai immigration lawyer to help with the transition and pave the way to living in paradise. We will explain the following visa types below: Retirement Visa, Business Visa, Marriage Visa, and Elite Visa.

Retire in Paradise

What could be more ideal than living in a renowned place with lush forests, beautiful beaches, and rich cultural heritage? Thailand is a dream location for many foreigners. With its laid-back lifestyle and friendly people, many people have chosen to leave their native countries and spend their sunset years there.

Retirement Visa

To begin the process of retiring in Thailand, first, the application for a Thai retirement visa must be done. The application can be completed either in your home country or in Thailand itself, at a Thai Embassy or Consulate. This is known as a Non-Immigrant O-Long Stay Visa.

This visa is more commonly known as "Extension of Stay Based on Retirement” and is the most popular choice for those planning to retire in the Kingdom of Thailand. It is a long-term visa that allows for multiple entries and single entries and is valid for a period of 1 year of uninterrupted stay.

The requirements for this visa are as follows: The Applicants must be 50 years of age or over. The applicants must meet the minimum financial requirements along with the relevant supporting documents. The details of which will be given by the Thai Immigration lawyer.

You may have to leave Thailand during your initial stay to finalise details of your retirement in your home country. Due to this, your Thai immigration lawyer will advise a multiple entry visa to be applied for. This will make trips back and forth much easier than applying for entry every time you return.

The visa may be denied upon re-entry into Thailand if a re-entry permit is not obtained beforehand. This permit can be applied for at a Thai consulate or international airport.

Once your retirement visa has been approved, allowing the 1-year stay in Thailand, the regulations that must be followed are:

• Reporting to Immigration every 90 days to confirm the place of residence. You must do this in person.
• No employment is allowed for the duration of the visa term.
• Renewing your retirement visa does not change your 90-day reporting date. Failure to report for the 90-day confirmation of address can result in heavy fines and or possible imprisonment.

Business Visa

A foreigner may come to Thailand to be employed or start a business in Thailand. This will require them to obtain a Thai Business Visa. Depending on the length of the stay, it can be converted to a long-stay visa. The visa that needs to apply for is called a Thai Non-Immigrant B visa.

Foreigners applying for a job or opening a business in Thailand will require a Thai business visa. This can be best applied for before coming to Thailand. In addition, this type of visa can be extended to a long-term visa which can be done at the local immigration office in the Kingdom of Thailand and will require sponsorship from a business or company in Thailand.

Marriage Visa

The Thai marriage visa is for foreigners married to Thai nationals. Like the retirement visa, a Thai marriage visa allows for a 1-year uninterrupted stay. It is renewable annually and, as stated, allows for the visa holder to seek and gain employment. It is commonly known as a "1-Year Extension of Stay Based on Marriage".

This is especially beneficial to those wanting to be employed or set up their own business in Thailand, as it negates the need to apply for a business visa. Only a work permit needs to be obtained, and it allows greater freedom of movement, including multiple entries into Thailand from abroad.

Elite Visa

The final visa you can obtain for long-term stays in Thailand is the Thai Elite Visa. The name is only available to a select few that meet the general and financial requirements outlined in the Elite Visa application process. Its purpose is to attract and promote Thailand to foreign nationals with high incomes.

This visa offers a stay of up to 20 years. It applies to everyone who meets the criteria, from digital business people, company executives, and retirees who don’t want to go through the process of applying for and obtaining multiple visas every time they exit and enter Thailand.

This program is owned by the Thailand Privilege Card Company Limited, a subsidiary of the Ministry of Tourism and Sport. Various tiers of this program are available depending on the requirements and needs of the applicants. The benefits of the Elite Visa are:

• The Thai Elite Visa is a 5-year renewable multiple entry visa with an extendable 1-year length of stay per entry.
• The Thai Elite visa holder can have an uninterrupted stay in Thailand without the usual requirement to leave the country every 90 days or do visa runs as with the other visa types.
• The Thai Elite Visa holder will be represented by the Thai Elite staff on the 90-day reporting as required by Thai Immigration.
• The Thai Elite Visa holder will receive expedited immigration formalities and passport control processing when arriving in Thailand.
• The Thai Elite Visa holder will also enjoy other benefits such as airport transportation services, annual hospital check-ups, and other luxury experiences.

Conclusion

As outlined above, there are many ways for the foreign national to gain entry to and enjoy a long-term stay in Thailand. Be it through marriage, retirement, employment, or simply spending time there through the Elite Visa Program. The dream of moving to and eventually settling in Thailand is achievable with the guidance and advice of a Thai immigration lawyer.

Thailand Board of Investment helps foreign businesses establish their companies in Thailand and ensures that their activities and business practices will benefit the kingdom.

The process of the BOI application is quite strict in that it must comply precisely with the regulations and the requirements of the application because its focus is on providing new technology and benefits to Thailand through foreign investors.

The Board of Investment Law is a promotional policy created by the Thai government in 1954 upon the announcement of its Industrial Promotion Act.

The government began actively promoting and subsidising incentives for foreign businesses willing to open and operate in the Kingdom of Thailand.

The BOI law is still enforced today, and through it, the government guarantees to neither interfere with nor nationalise foreign businesses. It is interesting to note that the Kingdom of Thailand was the first country in this region to have such an investment law.

The objectives of BOI Thailand

The BOI has three key roles to play:

• Promoting investment opportunities in Thailand and foreign countries
• Developing and innovating technology in the country
• Increasing the economic growth of the country

The Board of Investment operates directly under the office of the Prime Minister.

What is a BOI Company?

A BOI Company is a company that is a foreign investment company that has been certified by the Thailand BOI, a government body whose aim is to encourage foreign investment in Thailand.

Your business can enjoy a range of benefits by being certified by the BOI. There are many many advantages of setting up your BOI company in Thailand. Among these are significant tax waivers, multiple work permits, reduced processing times for work permits, and the ability to own land even if your company is majority-owned by non-Thai nationals.

What are the benefits of a BOI Company?

BOI companies can enjoy specific tax and non-tax incentives. These incentives may be specifically attractive to foreign investors, without which they may be subject to stringent rules and regulations in conducting their business in Thailand.

Tax Incentives

A BOI certified company may be eligible for an exemption of Corporate Income Tax for a period of up to 8 years. They may also qualify for an exemption from or reduction of import duties for raw materials, as well as a tax decrease on the payable dividends to shareholders.

Further tax incentives may include deductions on the company’s transportation, electricity and water usage, and the installation costs of the project’s infrastructure. Summarised below:

• Corporate income tax exceptions
• Reductions of import duties on machinery and raw material
• Tariff exemptions
• Double exemptions on the costs of water supply, electricity and transportation
• 25% exemption on the cost of construction of facilities

Non-Tax incentives

Non-Tax privileges allow a BOI promoted company to hire foreign skilled workers and experts instead of the non-BOI policy of hiring four Thai employees for every one foreign employee.

The BOI also provides an express procedure through its One-Stop visa process for both non-immigrant visas and work permits. These non-tax incentives also allow 100% foreign ownership of the BOI company and the option for the foreign company to own land in the Kingdom.

• Exemptions on ownership of companies by foreign investors
• Exemptions from standard visa rules
• Permission to bring skilled foreign workers and experts to work
• Permission to own a land
• Permission to remit foreign currency abroad

How do I apply for a BOI company in Thailand?

Should you wish to register your company for BOI, the following steps will be necessary to complete. These steps have been summarised, but you will access all the details once you begin the process.

1. Do a feasibility study.

• You will need a legal entity to study your BOI project idea and present it before government officials who will provide relevant insight on the project and whether or not it will be successful.
• This allows for any changes to be made before submitting your application.

2. The BOI application

• After receiving your revised BOI plan and strategy, lawyers will prepare your application form with the required documents (based on your business) attached.
• The application forms and attached documents will be submitted to the relevant government officials. They will monitor the progress of and assist us in meeting each requirement at every stage of the application.

3. Approval by the Board

• Once your application has been submitted to and received by the BOI, you will receive a written notice after seven working days as to whether your application has been approved or not.
• The board will inform you of the specific benefits assigned concerning your BOI project if your application is successful.
• After this, you will be required to submit a separate application form to issue your company’s BOI promotion certification. Once you have received the approval receipt from BOI Thailand, you will be required to complete and submit all necessary details within thirty working days.

Registering a BOI Thailand Company

After a successful BOI application, and if you wish to receive your BOI promotion certification, you must set up the Thai company within six months after being approved. At this time, you must submit the following documents:

• Your BOI promotion certification application form
• The company registration certificate
• The memorandum of association
• List of shareholders
• Certification includes the registered capital, the authorised directors' names and addresses, and the registered physical company address.
• An investment certificate from the Bank of Thailand or receipts of funds transfers from foreign countries.
• A technology transfer agreement
• A franchise agreement
• A JV contract
• A form that includes all your human resource requirements

How do I know if my company is BOI eligible?

To apply for your BOI promotion certification, you need to ensure that your company meets the following criteria:

1. Your company possesses a capital investment of a minimum of 1,000,000 Thai Baht
2. Your company has a minimum of 3 registered shareholders
3. Your company must be registered in Thailand
4. Your company must be in one of the eligible industries (listed below)

Eligible BOI company industries

1. Agriculture & Agricultural products
2. Mining, Ceramics & Basic metals
3. Light industry
4. Metal products, Machinery & Transport equipment
5. Electronic industry & Electrical appliances
6. Chemicals, Paper & Plastics
7. Services & Public utilities
8. Technology & Innovation development

As a foreigner to Thailand, whether you currently own a company and would like to set up a subsidiary, or whether you would like to start a new company - you will need to be aware of all the Thai subsidiary laws. You will also need to decide which business structures best suit your company and commit the necessary time and money for the whole incorporation process.

The first thing you’ll need to know in setting up a company in Thailand is that there are several specific business factors. The Foreign Business Act has placed several restrictions on foreigners and has defined several industries requiring individual permissions.

There are seven business types available for new companies or those looking to incorporate. These types of business structures are partnerships, limited companies, joint ventures, representative offices, branch offices, and international headquarters.

We will give more detail on the four main types below. Each business type has advantages and disadvantages unique to them. However, most businesses are opened as limited companies.

Thailand business structure types

A Partnership

The Kingdom of Thailand has three general types of partnerships: Unregistered Ordinary Partnerships, Registered Ordinary Partnerships, and Limited Partnerships.

Limited Companies

There are two types of limited companies in Thailand, namely Private Limited or Closely Held Companies, and Public companies. The first type of company is governed by the Civil and Commercial Code, while the Public Company Act governs the Public companies.

Private Limited Companies

Private Limited Companies in Thailand have some basic characteristics similar to foreign corporations. Private Limited Companies are formed through a process leading to the registration of a Memorandum of Association (Articles of Incorporation) and also Articles of Association (By-Laws). These are the constitutive documents of the company.

Private Limited Companies need a minimum of 3 shareholders at all times and are allowed to be entirely foreign-owned. It is worth noting that in those activities reserved for Thai nationals, a foreigner’s participation is generally only allowed up to a maximum of 49%.

Public Limited Companies

Public Limited Companies that are registered in Thailand (subject to their compliance with the prospectus, approval, and other requirements) may offer shares, debentures, and warrants to the public and may also apply to have their securities listed on the SET (Stock Exchange of Thailand).

Public Limited Companies need to have a minimum of fifteen promoters to form and register the Memorandum of Association. These shareholders must have held their shares for a minimum of 2 years before these can be transferred.

The Board of Directors of Public Limited Companies must be made up of a minimum of 5 members, of which at least half of them are Thai nationals.

A Joint Venture

A Joint Venture business can generally be described as a group of people (natural and/or juristic) that enter into an agreement to carry out business together. This type of business has not yet been recognised as a legal entity under the Civil and Commercial Code.

It is important to note that any income derived from the Joint Venture is subject to corporate taxation under the Revenue Code, as it classifies it as a single entity.

A Representative Office

A Representative Office is only permitted to engage in non-profit activities. In order to form such a company, at least one of the following purposes would need to be sought, for the purposes of “non-trading” activities:

• The company sources goods or services in Thailand for their overseas headquarters
• The company checks the quality and quantity of the product/s order by the overseas headquarters
• The company advises their head office on the sale of goods to agents and consumers
• The company supplies information on products from headquarters sold to Thai customers
• The company reports all economic movement in Thailand to their headquarters

Forming a company in Thailand

Step 1: Corporate name reservation

The name of the company you wish to register in Thailand may not be the same nor similar to that of existing companies. There are also specific names that are not permitted. Therefore, to be approved, the name reservation guidelines of the Department of Business Development of the Ministry of Commerce must be observed.

Should your chosen company name be approved, it is valid for a period of thirty days.

Step 2: Filing the Memorandum of Association

A Memorandum of Association bearing the successfully reserved company name must be filed with the Department of Business Development within the thirty-day validity period.

The memorandum must also include the province where the company will be located, the company’s business objectives, the capital to be registered, and the names and information of all the promoters.

A compulsory requirement is that the capital information includes the number of shares and par value. At the company formation step, the authorised capital (even if only partly paid) must all be issued.

Even though there are no minimum capital requirements, it is advisable that the capital amount should be reasonable enough and adequate for the intended company operations.

Step 3: Hold a Statutory Meeting

Once you have defined the share structure, a statutory meeting must be held; during which the following must take place:

• The Articles of Incorporation and Bylaws are approved
• The Board of Directors is elected
• An Auditor is appointed
• A minimum of 25% of the par value of each subscribed share must be paid.

Register a Thai company

Step 1: Registration

Once you have successfully formed your company, you will need to register it at the Department of Business Development. This is typically done between 1-3 days, case dependent. The registration timeline varies depending on several factors, namely:

• The types of business activity the company will conduct
• The cooperation of the promoters in complying with the required documentation
• The availability of the directors to sign the company documents

Step 2: Tax Registration

All companies liable for income tax must obtain a Tax I.D Card from the Revenue Department. If the company’s gross income in the same fiscal year is 1.8 million Baht) or more, the business is generally required to be in the Thai VAT system.

Specifically, Section 1206 of the Civil and Commercial Code provides rules that the accounts should be maintained as follows:

The company is obliged to timeously file financial statements and VAT reports with the Revenue Department.

Conclusion

Because of the presence of sufficient infrastructure and an efficient government-backed workforce, Thailand's economic growth and progress are continuous.

Suppose you would like to start your own company in the Kingdom of Thailand. In that case, you should acquire legal assistance to deal with the complex legalities of establishing a corporate entity under Thai law.