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Foreigners in business?

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Player

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May 31, 2001, 6:49:58 AM5/31/01
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Would a foreign national be allowed to own a business in Thailand? If so,
what kinds of businesses? This is the investment side.

As to the immigration side, maybe we don't have to be a resident, just fly
in and out of the Country when the visit pass is nearing expiry?

Any help would be appreciated in the above consideration. Thanks in
advance.


Mr. Mister

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May 31, 2001, 1:09:17 PM5/31/01
to
It would appear that any business you enter into yourself, or set up
yourself, is illegal in some way or another, HOWEVER, do the same thing via
The Board Of Investment, and there appears to be no problem with work
permits etc.
I imagine the level of investment required is substantial, and a minimum
requirement of employing quite a number of Thai nationals.

This certainly works in BKK, other places may be a bit different.


"Player" <mmc...@tm.net.my> wrote in message
news:3b162...@news2.tm.net.my...

Gulliver

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Jun 1, 2001, 2:19:47 AM6/1/01
to
"Player" <mmc...@tm.net.my> wrote in message
news:3b162...@news2.tm.net.my...
> Would a foreign national be allowed to own a business in Thailand? If so,
> what kinds of businesses? This is the investment side.
Yes, you can own a business, but it is very complicated and rules change
frequently. A couple of months ago, the following rules applied:
1.Under the Land Code, foreigners are not allowed to own land in Thailand.
However, it is possible for a company with foreign shareholders to own land
in Thailand, provided that the percentage of foreign shareholding in such
company does not exceed 49%.

A new amendment to the Land Code allows foreigners who invest more than 40
million Baht to own up to 1 Rai of land for residential purpose if he/she
has obtained permission from the Minister of Interior.

2. There are two types of limited companies in Thailand, private limited
companies and public limited companies.

3. In order to set up a private limited company, you must follow the basic
procedures:
a. Registration Fee and application; costs 50 baht per 100,000 of capital,
subject to a minimum fee of 500 Baht and a maximum of 25,000 Baht
b. Once a Memorandum of Association is registered, a Statutory Meeting
should be called after all shares have been subscribed to. At least 25% of
the value of each share must be paid up.
c. After the Statutory Meeting, the directors must apply to register the
establishment of the company. When the application is approved, a
registration fee of 500 Baht per 1000,000 Baht of the Company's capital is
payable, subject to a minimum fee of 5,000 Baht and a maximum of 250,000
Baht.

4. A Thai company is a company consisting of Thai shareholder that hold more
than half of all issued shares (more than 50%). Foreigners, therefore, can
only hold less than 50% of the issued shares.

5. A company must have at least seven shareholders whose names, addresses
and shareholding are filed in public records. Shareholders can be people or
companies.

6. As an Alien, you are prohibited from owning the following businesses:
a. Newpaper publishing, radio broadcasting, tv, etc.
b. Rice farming; farming
c. Domesticating animals
d. Reforestation
e. Fisheries
f. Thai herbs
g. Thai antiques
h. Making or creating a Buddha and Buddhist priest bowls
i. Trading of land

of course, no guns, arms, military etc.

7. There is also an Annex that Thais are not ready to compete with Aliens,
but Aliens can get permission from government officials. These include
professions such as engineering, architecture, legal, accounting, etc.

What does this mean? Forget it. Unless you have a pile of money, you will
never be able to afford the bureaucratic nightmare that will descend upon
you like a flock of flying cows. If you want to do business in Thailand,
think about a JV or service contracts. If you have money on the other hand,
go for it! Stimulate the Thai economy, spend your savings! But be
forewarned, do your homework - newsgroups are a crappy way to start. How do
you know I'm not lying through my teeth? Maybe, I'm 13 years old, maybe I
drink too much, maybe, just maybe, I'm a pathological liar!

I would suggest finding a company that came from your country of origin who
was successful in starting up business in Thailand - speak to them. They
will provide you better information than an overpriced lawyer/accountant.

As the Mr. Mister pointed out, The Board Of Investment is your most
important contact - they can make things happen for you.

If you don't have a marketable skill in your homeland, you will fail in
Thailand.


> As to the immigration side, maybe we don't have to be a resident, just fly
> in and out of the Country when the visit pass is nearing expiry?

If you invest, you can get a special work permit. Otherwise, a business visa
that has to be renewed. Just fly to Hong Kong, Singapore, etc. for the
weekend and fly back.

Tchiowa

unread,
Jun 1, 2001, 7:27:52 PM6/1/01
to
>===== Original Message From "Mr. Mister" <nos...@computer.net> =====

>It would appear that any business you enter into yourself, or set up
>yourself, is illegal in some way or another, HOWEVER, do the same thing via
>The Board Of Investment, and there appears to be no problem with work
>permits etc.
>I imagine the level of investment required is substantial, and a minimum
>requirement of employing quite a number of Thai nationals.
>
>This certainly works in BKK, other places may be a bit different.

I know several foreigners who have set up businesses quite legally. No
problem. Best bet is to contact a lawyer before setting it up to make sure
you
do it right.

There is no requirement for employing nationals. However, any foreigner you
employ must have the correct work permit. Foreigners are barred from many
jobs.

There are investment visas you can get through BOI (or others) that include
resident's permits. Depending on the program the investment could be well
under $70,000 which is a fairly minor investment when it comes to setting up
a
foreign business.

Americans can set up a business as sole owners (because of a specific
treaty).
Most other nationalities have to have a majority Thai partner.

>"Player" <mmc...@tm.net.my> wrote in message
>news:3b162...@news2.tm.net.my...
>> Would a foreign national be allowed to own a business in Thailand? If so,
>> what kinds of businesses? This is the investment side.
>>

>> As to the immigration side, maybe we don't have to be a resident, just fly
>> in and out of the Country when the visit pass is nearing expiry?
>>

>> Any help would be appreciated in the above consideration. Thanks in
>> advance.

---------------
Tchi...@HoTMaiL.com

Talent does what it can.
Genius does what it must.
I do what I get paid to do.

Anonymous

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Jun 2, 2001, 9:00:49 PM6/2/01
to
 

Tchiowa wrote:

> >===== Original Message From "Mr. Mister" <nos...@computer.net> =====
> >It would appear that any business you enter into yourself, or set up
> >yourself, is illegal in some way or another, HOWEVER, do the same thing via
> >The Board Of Investment, and there appears to be no problem with work
> >permits etc.
> >I imagine the level of investment required is substantial, and a minimum
> >requirement of employing quite a number of Thai nationals.
> >
> >This certainly works in BKK, other places may be a bit different.
>
> I know several foreigners who have set up businesses quite legally. No
> problem. Best bet is to contact a lawyer before setting it up to make sure
> you
> do it right.
>
> There is no requirement for employing nationals. However, any foreigner you
> employ must have the correct work permit. Foreigners are barred from many
> jobs.
>
> There are investment visas you can get through BOI (or others) that include
> resident's permits. Depending on the program the investment could be well
> under $70,000 which is a fairly minor investment when it comes to setting up
> a
> foreign business.
>
> Americans can set up a business as sole owners (because of a specific
> treaty).
> Most other nationalities have to have a majority Thai partner.

I have heard this before (forgot it of course) Can you expand on
the Americans ownership further, what all does it take?
Thanks.

Player

unread,
Jun 3, 2001, 5:55:31 AM6/3/01
to
Thanks, Tchiowa and others, for the info.
What kinds of investment is allowed and only takes under $70,000? Would you
give a few examples please?


"Tchiowa" <Tch...@MailAndNews.com> wrote in message
news:3B1E...@MailAndNews.com...

WrdMizr

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Jun 3, 2001, 10:59:41 AM6/3/01
to
On Sun, 03 Jun 2001 01:00:49 GMT, Anonymous <rema...@anon.xg.nu>
wrote:


>
>Tchiowa wrote:
>
>> >===== Original Message From "Mr. Mister" <nos...@computer.net> =====
>> >It would appear that any business you enter into yourself, or set up
>> >yourself, is illegal in some way or another, HOWEVER, do the same thing via
>> >The Board Of Investment, and there appears to be no problem with work
>> >permits etc.
>> >I imagine the level of investment required is substantial, and a minimum
>> >requirement of employing quite a number of Thai nationals.
>> >
>> >This certainly works in BKK, other places may be a bit different.
>>
>> I know several foreigners who have set up businesses quite legally. No
>> problem. Best bet is to contact a lawyer before setting it up to make sure
>> you
>> do it right.
>>
>> There is no requirement for employing nationals. However, any foreigner you
>> employ must have the correct work permit. Foreigners are barred from many
>> jobs.
>>
>> There are investment visas you can get through BOI (or others) that include
>> resident's permits. Depending on the program the investment could be well
>> under $70,000 which is a fairly minor investment when it comes to setting up
>> a
>> foreign business.

Tchiowa, are you pulling a Sharman here with a jumble of thoughts
where one applies to one situation and a second to yet another?
Where neither is individually correct; nor can both be combined to
achieve the desired result? Where one idea is used to camoflage the
other? If not, please detail a " . . . well under $70,000 . . ."
project that BOI (or others) would promote; and would include a
residence permit.

Or are you merely shooting from the hip again? If not, why not give
us of some specific examples? Have you ever visited the Thai BOI?
Have you ever personally talked to anyone who has submitted a proposal
to BOI and had them explain the process to you in detail?

And please, not the old refer me to the Thai Embassy URL and say, "See
for yourself," cop out.

But then you also said ". . . foreign business." when you probably
meant to say "foreign [owned] business?"

Tchiowa

unread,
Jun 3, 2001, 8:25:00 PM6/3/01
to
>===== Original Message From Anonymous <rema...@anon.xg.nu> =====

>I have heard this before (forgot it of course) Can you expand on
>the Americans ownership further, what all does it take?
>Thanks.

A lawyer.

Seriously. You have to do things precisely right. Get a lawyer in Thailand
and
have him handle the business setup.

Anonymous

unread,
Jun 4, 2001, 11:22:34 PM6/4/01
to
 

Tchiowa wrote:

> >===== Original Message From Anonymous <rema...@anon.xg.nu> =====
>
> >I have heard this before (forgot it of course) Can you expand on
> >the Americans ownership further, what all does it take?
> >Thanks.
>
> A lawyer.
>
> Seriously. You have to do things precisely right. Get a lawyer in Thailand
> and
> have him handle the business setup.

I am afraid the lawyer would want more than the cost of the business.

Two dogs

unread,
Jun 5, 2001, 5:40:01 AM6/5/01
to
I'm seriously surprised by the lack of knowledge here.

I have 2 companies, neither of which is BoI.

A company is set up by an accountant, not a lawyer. Unless you live in
Pattaya, the cost is around 15,000 to 19,000 baht. In Pattaya it is 50,000
because foreigners don't care how much they pay, so long ass they aren't
seen as Ki Nio.

Talk to a good accountant, if you are in Chiang Mai, we can recommend a
couple. Talk to a lawyer he will put 15,000 in the hands of the accountant
who does the work and pocket the rest. Lawyers are essentially the same
world over.

Set up the 7 partners so that 5 of the Thais know each other and do not hold
over 48 % of the company. The last partner should be someone the others
don't know.

Don't go into partnership with foreigners as a general rule.
Do get audited every year.
Do pay tax as required
Do get a work permit if you intend to work in the business (not applicable
if you buy a bar for your boy/girl friend)
Do keep two sets of accounts

Any other questions, call or email me direct

TD
Anonymous <rema...@anon.xg.nu> wrote in message
news:3B1BAD48...@anon.xg.nu...

Gulliver

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Jun 7, 2001, 2:13:30 AM6/7/01
to
> A company is set up by an accountant, not a lawyer. Unless you live in
> Pattaya, the cost is around 15,000 to 19,000 baht. In Pattaya it is 50,000
> because foreigners don't care how much they pay, so long ass they aren't
> seen as Ki Nio.
Of course, but what 7 partners won't want money? What is the 'real cost'?


Two dogs

unread,
Jun 8, 2001, 3:09:24 AM6/8/01
to
My Thai partners get nothing unless they are working in the business in
which case they get salary and they get taken out for dinner at
Christmas...Disappointing, but that's the way it goes here.

TD

--
Ajarn David
www.chiangmaimall.com
Chiang Mai's first online service directory
Telephone 01-8817916
418 122
Gulliver <lunar...@hotmail.com> wrote in message
news:eYET6.9487$Jg4.1...@news1.telusplanet.net...

Gulliver

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Jun 8, 2001, 1:47:13 PM6/8/01
to
Then what is the incentive for them to become a partner?


"Two dogs" <two...@myownemail.com> wrote in message
news:9fpuan$idg$1...@news.loxinfo.co.th...

Anonymous

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Jun 8, 2001, 10:07:36 PM6/8/01
to
 

Gulliver wrote:

> Then what is the incentive for them to become a partner?

And what keeps them from taking over your business?

WrdMizr

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Jun 12, 2001, 4:35:48 AM6/12/01
to
I've reposted this because Tchiowa surely missed it on his last pass.
I'm sure after *all* he has posted on this/these subjects he would
love to share some of his wisdom, experiences and case studies.

======================================


On Sun, 03 Jun 2001 01:00:49 GMT, Anonymous <rema...@anon.xg.nu>
wrote:


>


>Tchiowa wrote:
>
>> >===== Original Message From "Mr. Mister" <nos...@computer.net> =====
>> >It would appear that any business you enter into yourself, or set up
>> >yourself, is illegal in some way or another, HOWEVER, do the same thing via
>> >The Board Of Investment, and there appears to be no problem with work
>> >permits etc.
>> >I imagine the level of investment required is substantial, and a minimum
>> >requirement of employing quite a number of Thai nationals.
>> >
>> >This certainly works in BKK, other places may be a bit different.
>>
>> I know several foreigners who have set up businesses quite legally. No
>> problem. Best bet is to contact a lawyer before setting it up to make sure
>> you
>> do it right.
>>
>> There is no requirement for employing nationals. However, any foreigner you
>> employ must have the correct work permit. Foreigners are barred from many
>> jobs.
>>
>> There are investment visas you can get through BOI (or others) that include
>> resident's permits. Depending on the program the investment could be well
>> under $70,000 which is a fairly minor investment when it comes to setting up
>> a
>> foreign business.

Tchiowa, are you pulling a Sharman here with a jumble of thoughts


where one applies to one situation and a second to yet another?
Where neither is individually correct; nor can both be combined to
achieve the desired result? Where one idea is used to camoflage the
other? If not, please detail a " . . . well under $70,000 . . ."
project that BOI (or others) would promote; and would include a
residence permit.

Or are you merely shooting from the hip again? If not, why not give
us of some specific examples? Have you ever visited the Thai BOI?
Have you ever personally talked to anyone who has submitted a proposal
to BOI and had them explain the process to you in detail?

And please, not the old refer me to the Thai Embassy URL and say, "See
for yourself," cop out.

But then you also said ". . . foreign business." when you probably
meant to say "foreign [owned] business?"

>>

WrdMizr

unread,
Jun 20, 2001, 7:05:11 AM6/20/01
to
Last chance, Tchiowa. You always tell us how honest you are. So how
about a bit of honesty here?
====================================

I've reposted this because Tchiowa surely missed it on his last pass.
I'm sure after *all* he has posted on this/these subjects he would
love to share some of his wisdom, experiences and case studies.

======================================
On Sun, 03 Jun 2001 01:00:49 GMT, Anonymous <rema...@anon.xg.nu>
wrote:


>


>Tchiowa wrote:
>
>> >===== Original Message From "Mr. Mister" <nos...@computer.net> =====
>> >It would appear that any business you enter into yourself, or set up
>> >yourself, is illegal in some way or another, HOWEVER, do the same thing via
>> >The Board Of Investment, and there appears to be no problem with work
>> >permits etc.
>> >I imagine the level of investment required is substantial, and a minimum
>> >requirement of employing quite a number of Thai nationals.
>> >
>> >This certainly works in BKK, other places may be a bit different.
>>
>> I know several foreigners who have set up businesses quite legally. No
>> problem. Best bet is to contact a lawyer before setting it up to make sure
>> you
>> do it right.
>>
>> There is no requirement for employing nationals. However, any foreigner you
>> employ must have the correct work permit. Foreigners are barred from many
>> jobs.
>>
>> There are investment visas you can get through BOI (or others) that include
>> resident's permits. Depending on the program the investment could be well
>> under $70,000 which is a fairly minor investment when it comes to setting up
>> a
>> foreign business.

Tchiowa, are you pulling a Sharman here with a jumble of thoughts


where one applies to one situation and a second to yet another?
Where neither is individually correct; nor can both be combined to
achieve the desired result? Where one idea is used to camoflage the
other? If not, please detail a " . . . well under $70,000 . . ."
project that BOI (or others) would promote; and would include a
residence permit.

Or are you merely shooting from the hip again? If not, why not give
us of some specific examples? Have you ever visited the Thai BOI?
Have you ever personally talked to anyone who has submitted a proposal
to BOI and had them explain the process to you in detail?

And please, not the old refer me to the Thai Embassy URL and say, "See
for yourself," cop out.

But then you also said ". . . foreign business." when you probably
meant to say "foreign [owned] business?"

>>

SCHWEET

unread,
Jun 20, 2001, 11:58:15 AM6/20/01
to
She did not miss it,

only it takes a man to admit when he is wrong.

Any visa questions??????

Tchiowa

unread,
Jun 21, 2001, 2:19:53 AM6/21/01
to
Sch...@dartmouth.edu (SCHWEET) wrote in message news:<3b30c7d2...@news.hudsonet.com>...

Sorry. But he's been kill-filed for quite some time. I don't see his
posts. Nor do I want to.

And I responded to the original post a long time ago. As did several
other people. Perhaps the two of you should learn to read.

SCHWEET

unread,
Jun 21, 2001, 10:25:10 AM6/21/01
to

On 20 Jun 2001 23:19:53 -0700, tchi...@hotmail.com (Tchiowa) wrote:


>Sorry. But he's been kill-filed for quite some time. I don't see his
>posts. Nor do I want to.
>
>And I responded to the original post a long time ago. As did several
>other people. Perhaps the two of you should learn to read.
>

Somebody hear a whine???
Or was that just a wimper???


SCHWEET

hyperion

unread,
Jun 21, 2001, 10:47:23 AM6/21/01
to
Just what did happen to David and Tchiowa? They used to be such great
allies. Please, please someone tell me.

Tchiowa <tchi...@hotmail.com> wrote in message
news:b08529e0.01062...@posting.google.com...

WrdMizr

unread,
Jun 21, 2001, 2:49:36 PM6/21/01
to
On 20 Jun 2001 23:19:53 -0700, tchi...@hotmail.com (Tchiowa) wrote:

>Sch...@dartmouth.edu (SCHWEET) wrote in message news:<3b30c7d2...@news.hudsonet.com>...
>
>Sorry. But he's been kill-filed for quite some time. I don't see his
>posts. Nor do I want to.

So because Tchiowa can't answer my hard questions he kill files me.
What a hoot. The Honesty . . . the Integrity . . . .

>
>And I responded to the original post a long time ago.

And I would be delighted for someone to point me to Tchiowa's response
to the questions I asked in this repost . . . or e-mail it to me.

Joris

unread,
Jun 21, 2001, 4:47:35 PM6/21/01
to
"hyperion" <hyper...@hotmail.com> wrote:
> Just what did happen to David and Tchiowa? They used to be such
> great allies. Please, please someone tell me.

I was going to ask that question too. I am a bit surprised. And Dave
isn't probably all that happy to find himself allied to the likes of
the "Hudsonet Guy" (TM) and Eric (insofar as they are not the same
person). ;-> (mean smilie)

Cheers,
Joris

SCHWEET

unread,
Jun 21, 2001, 6:37:37 PM6/21/01
to

Thank You Borus (Bore Us)
>


hyperion

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Jun 21, 2001, 8:07:45 PM6/21/01
to

Joris <jori...@spam.hotmail.com> wrote in message
news:9gtn5u$h5k$1...@rivage.news.be.easynet.net...

Well if anyone has information on this significant event in the history of
SCT I am will to pay.

>
>


WrdMizr

unread,
Jun 22, 2001, 8:09:35 AM6/22/01
to
On Thu, 21 Jun 2001 22:47:23 +0800, "hyperion"
<hyper...@hotmail.com> wrote:

>Just what did happen to David and Tchiowa? They used to be such great
>allies. Please, please someone tell me.

Dunno. I have attacked his messages from time to time, when in my
opinion they were misleading or tilted, but I never flamed him or
attacked him personally . . . although he claimed numerous times that
I did. Then he conveniently ignored me when I asked for any evidence.
'Course that was when he *knew* I was another incarnation of dbrenn.

When I came back to sct after an almost 2 year haitus I didn't like
the "new" Tchiowa's way of posting. What he thought people should
know. Never liked someone talking down to another.

People come here for information. Maybe that's foolish on their part,
but it's fact. Why not give them the most complete and accurate info
available? Why slant it because of some private agenda? Why assume
the inquirer doesn't know his own mind or his own financial
capabilities?

Actually though, I'm not sure that Tchiowa is telling the truth. He
never kill filed dbrenn or pscott33 during the '97 flame wars. Or is
that because T likes to swap flames but hates to be called on his
sometimes outrageous claims about how easy and inexpensive it is to
register companies and get residence permits. (believe me, I know
what's required about PR) Maybe he's having fun with his new "gray
person" scenario.

I actually believe it is a convenient way on Tchiowa's part to ignore
questions, claims and assertions he can't answer. Maybe I'm wrong . .
. but at least I'm honest.

I do know we are different people. I live here and have traveled to
74 provinces. Tchiowa has never lived here but has visited Pattaya
about 74 times. Yet he is the expert on Thailand? Think about it.

WrdMizr

unread,
Jun 22, 2001, 8:09:41 AM6/22/01
to
On Thu, 21 Jun 2001 22:47:35 +0200, "Joris"
<jori...@spam.hotmail.com> wrote:

Why do I need to be allied? You think I can't stand alone . . . think
again. ;>)


>
>Cheers,
>Joris
>
>
>

SCHWEET

unread,
Jun 22, 2001, 10:45:55 AM6/22/01
to

Tchiowa's
reality is that he is an ineffectual person,
small job , works for the boss - takes orders.
Here
is a forum for him to pontificate
and feel big for himself.

Lived in Thailand yet Tchiowa???
Just get the correct type of visa......

hyperion

unread,
Jun 23, 2001, 3:44:47 AM6/23/01
to

WrdMizr <traveler_N...@loxinfo.co.th> wrote in message
news:3b320bed...@news.loxinfo.co.th...

hyperion

unread,
Jun 23, 2001, 4:01:40 AM6/23/01
to
Sorry for the blank post. I don't want to get into this just that the fact
that Tchiowa said he had killed filled you is a bit of a surprise to me, I
can't see where you have written anything that would warrant his doing that.
I have also been told by Tchiowa that I have been killedfiled by him but
that's over some things said on a Filipino group.

Seems to me thought that over the years Tchiowa had indeed done a lot of
harm to his reputation not on;y on this newsgroup. Well maybe his obnoxious
attitude just got a bit too much for some people. Some months ago I was told
he was a prolific poster on the Yahoo group 'Pattayalovers' which is
basically for people interested in the tourist sex scene there, and I can
tell you from looking through his posts he is an expert on that place if
nothing else. Anyway if people want to spend all their time in Thailand in
Pattaya GoGo bars its up to them. Funny thought I looked at this particular
board some weeks ago and low and behold Tchiowa had been booted off for
being obnoxious.

I can't disagree with anything you have written below.

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