JIN LAW https://jinlaw.solutions ALL YOU NEED TO KNOW FOR THAI BUSINESS LAWS Sat, 29 May 2021 14:04:47 +0000 en-US hourly 1 https://wordpress.org/?v=5.5.5 FOREIGN BUSINESS ACT IN ENGLISH https://jinlaw.solutions/foreign-business-act/ Wed, 16 Sep 2020 06:51:22 +0000 https://jinlaw.solutions/?p=950

We love to share good sources for your information and reference! Click here for English translation for Foreign Business ActRecourse is from the Ministry of Commerce.

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Company Registration https://jinlaw.solutions/company-registration/ Sat, 04 Jan 2020 17:25:22 +0000 https://jinlaw.solutions/?p=766 Company Registration Read More »

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Setting Up Your Company

Setting up a company legally, as well as making it fit into your business plans and transections, is the best start! There are many possible options to form a company. You may choose to be a wholly foreign owned company or have a majority of Thai shareholders, depending on your business types. But no worries, our work also includes guiding you on the best format for your business. If you want to know more about company formation options, please have a look at “KNOW THE LAWS” section or contact us for more details.

 

How does it work?

After you are satisfied with the best option to form your business, you will be asked to provide some information and documents for preparation for the company registration applications. Then we will send you the prepared applications for your signatory on behalf of the company. The signed applications will be returned to us and submitted to Ministry of Commerce. Generally the company registration will be done in one day after the completed submission!

 

How much is the Fee?

We offer a fixed rate fee at 20,000 Baht. The scope of work, beside the completion of company registration, also includes ‘VAT’ and ‘Social Security’ registrations and assisting in opening one Thai bank account for the company.

 

*The fee is excluded government fee and taxation where applicable. The transportation expense may be charged in case of working outside Bangkok.
*The process and timeline given here are for a general case and may be changed subject to relevant authority’s consideration and additional documents may be needed upon authority’s request.

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Foreign Business License (FBL) https://jinlaw.solutions/fbl/ Sat, 04 Jan 2020 17:24:45 +0000 https://jinlaw.solutions/?p=764 Foreign Business License (FBL) Read More »

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Foreign Business License Application

A company owned by foreigners more than 51% of the shares and operating certain types of business is required to obtain a ‘foreign business license’ (FBL) prior to the commencement of business. However, FBL can be a though thing and complicated but that’s why we are here to help! Please have a look for more information in “KNOW THE LAWS” section or contact us for more details.

 

How does it work?

Similar to BOI application, you will be asked to provide information and documents about your business. This can be very detailed such as; your business model, potential clients, employment, budget, etc. We will review your information and draft your applications for FBL, then the applications will be sent to you for signatory before submission to Ministry of Commerce, which may take around 3 months (normally more than that) for consideration. The request for additional information, documents and interview may be made by the officer and will be taken care until completion and the license is issued.

 

How much is the Fee?

The fee for FBL application is a fixed rate fee at 75,000 Baht. The scope of work includes taking care of interview process, coordinating and following up with officer until the license is issued.

 

*The fee is excluded government fee and taxation where applicable. The transportation expense may be charged in case of working outside Bangkok.
*The process and timeline given here are for a general case and may be changed subject to relevant authority’s consideration and additional documents may be needed upon authority’s request.

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Board of Investment (BOI) https://jinlaw.solutions/boi/ Sat, 04 Jan 2020 17:24:12 +0000 https://jinlaw.solutions/?p=762 Board of Investment (BOI) Read More »

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Board of Investment Application

While a FBL is required for foreign companies, BOI grants you an exemption of FBL, plus certain benefits promoted by the government. However, only certain types of business are eligible for BOI application and there are many requirements to comply upon BOI’s conditions. Please have a look for more information in “KNOW THE LAWS” section or contact us for more details.

 

How does it work?

Similar to FBL application, you will be asked to provide information and documents about your business. This can be very detailed such as; your business model, potential clients, employment, budget, etc. We will review your information and draft your applications for BOI, then the applications will be sent to you for signatory before submission to the Board of Investment, which may take around 3 months (normally more than that) for consideration. The request for additional information, documents and interview may be made by the officer and will be taken care until completion and the license is issued.

 

How much is the Fee?

The fee for BOI application is a fixed rate fee at 75,000 Baht. The scope of work includes taking care of interview process, coordinating and following up with officer until the license is issued.

 

*The fee is excluded government fee and taxation where applicable. The transportation expense may be charged in case of working outside Bangkok.
*The process and timeline given here are for a general case and may be changed subject to relevant authority’s consideration and additional documents may be needed upon authority’s request.

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Visa & Work Permit https://jinlaw.solutions/immigration-2/ Sat, 04 Jan 2020 17:21:27 +0000 https://jinlaw.solutions/?p=760 Visa & Work Permit Read More »

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Non-B Visa and Work Permit Application

Generally, a foreigner wishing to legally work in Thailand is required to obtain a non-immigrant visa category “B” and a work permit, which is quite a long procedure and complicated. However, there are many options to apply for a non-B visa and work permit depending on type of your business and the legal requirements you can meet. Please have a look for information in “KNOW THE LAWS” section or contact us for more details.

 

How does it work?

You will be advised the best option which fits your situation and your business. Then after preparation of all required documents and signatory, the applications will be submitted to Labor Ministry for the work permit and Immigration Office for the visa. In visa application process, you will be required to show up with the immigration officer. The estimated timeline for work permit is 2 weeks after submission of applications. The non-B visa’s timeline is usually 1 month, except in case of non-B visa under BOI business which takes only 1 day!

 

How much is the fee?

The total fee for non-B visa and work permit applications is a fixed rate fee at 30,000 Baht. We take care of everything from the consultation to find best solution and until your visa and work permit get issued!

 

*The fee is excluded government fee and taxation where applicable. The transportation expense may be charged in case of working outside Bangkok.
*The process and timeline given here are for a general case and may be changed subject to relevant authority’s consideration and additional documents may be needed upon authority’s request.

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Notary & Translation https://jinlaw.solutions/notarytranslation/ Sat, 04 Jan 2020 17:20:52 +0000 https://jinlaw.solutions/?p=758 Notary & Translation Read More »

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Notary

Notary is a certification for a person’s signature or a copy of document in order to assure the true signature and copy of document. Notarizing a person’s signature generally must be done in front of the signatory. Notarization is normally required when such signature or document will be used overseas by government or certain organizations. The fee is a fixed rate fee at 1,500 Baht per one certification.

 

Translation

We provide translation services for English and Thai language for legal documents such as; contracts, corporate documents, power of attorney, etc. The fee for translation depends on complexity, it generally starts at 500 Baht per page.

 

*The fee is excluded government fee and taxation where applicable. The transportation expense may be charged in case of working outside Bangkok.

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Package Service https://jinlaw.solutions/package/ Sat, 04 Jan 2020 17:16:07 +0000 https://jinlaw.solutions/?p=754 Package Service Read More »

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Startup Package & Retainer Package

With the goal to assist various business’ needs, we also provide a package price for new business, including the companies who are looking for a regular legal support.

 

• Startup Package
Startup Package is best for a startup project and small companies. The fee is a fixed rate fee at 89,000 Baht. The package includes:
– Registration of company
– Apply for FBL or BOI (depending on the business type)

 

• Retainer Package
This package is for a small company (or big) that is already established. Monthly Package is the best way to get your corporate nice and safe in terms of legal aspects. The fee is a fixed rate fee at 15,000 Baht per month. It includes:
– Consultation and meeting as needed
– Corporate secretary services
– Corporate registration (such as; change of capital, share, director, location, etc.)
– Visa and work permit for 3 foreign staffs (*for 1 year package contract)
– BOI / FBL related matters
– Draft and review of contracts and legal documents

 

Please contact us for more details!

 

*The fee is excluded government fee and taxation where applicable. The transportation expense may be charged in case of working outside Bangkok.

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Need More Help? https://jinlaw.solutions/need-more-help/ Fri, 03 Jan 2020 20:05:24 +0000 https://jinlaw.solutions/?p=744 Customize Your Own Needs

Don’t find anything matching your concern here? Contact us and let us know what you need! We may not list everything in here, or if it is really not something in our areas, we may be able to refer your case to our professional friends. Let us help you out!

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WHAT IS BOI? https://jinlaw.solutions/achieve-your-goals-in-lesser-time-2-2-2-2/ Thu, 28 Nov 2019 16:44:38 +0000 https://jinlaw.solutions/?p=680 WHAT IS BOI? Read More »

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BOI : THE BEST TOOL FOR FOERIGN INVESTORS

BOI is a government unit established to attract both Thai and foreign investors to the country. They promote certain business by giving tax and non-tax privileges.

      • Tax Privileges : corporate income tax, custom tax, etc.
      • Non-Tax Privileges : land owner ship, immigration benefit, etc.

As mentioned above, for foreign investors, they can take an advantage from the non-tax benefits to be 100% foreign owned company without applying for FBL. The FBL and BOI applications are actually similar (in terms of details for filing) but not the same! The FBL is a license which requires you to obtain while BOI is a promotion that comes with benefits.

 

SOME SAMPLES OF BUSINESS ELIGIBLE FOR BOI

The business they promote is adjustable almost every year depending on the government policy. The business eligible to apply for BOI varies from time to time depending on the current policy from government, here are some samples:

E-Commerce

Trade and Investment Support Office (TISO)

Energy Service Company

Data Center

Biotechnology

Digital Technology

Production of Films

Check out BOI website for the last updated eligible business and information here.

 

Laws related to this topic: Investment Promotion Act B.E. 2520 (1977) with the last amendment No. 3 B.E. 2544 (2001)

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FOREIGN OWNED COMAPNY AND FBL https://jinlaw.solutions/achieve-your-goals-in-lesser-time-2-2-2/ Thu, 28 Nov 2019 16:36:15 +0000 https://jinlaw.solutions/?p=676 FOREIGN OWNED COMAPNY AND FBL Read More »

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CAN FOREIGNERS 100% OWN A COMPANY IN THAILAND?

This question has been asked so many times and the answer depends on what type of business you are looking for.

As mentioned in the previous article ‘HOW TO FORM A COMPANY IN THAILAND?’, a company setup with foreign partner(s) more than 51% of the shares shall be deemed as a foreign company and must comply with Foreign Business Act (FBA). The business type will play an important part in this case. If the business type is under the list of FBA, it will require to apply for FBL. Please find the list of restricted business which requires FBL below.

 

LIST OF RESTRICTED BUSINESS FOR FOREIGN COMPANIES

  1. Rice milling and flour production from rice and plants
  2. Fisheries, specifically breeding of aquatic creatures
  3. Forestry from re-planting
  4. Production of plywood, veneer, chipboard or hardboard
  5. Production of lime
  6. Accountancy
  7. Legal services
  8. Architecture
  9. Engineering
  10. Construction, except:
    • Construction of infrastructure in public utilities or communications requiring tools, technology or special expertise in such construction, except where the minimum foreign capital is 500 million baht or more
    • Other construction, as prescribed in regulations
  1. Agency or brokerage, except:
    • Brokerage or agency of securities or service related to future agricultural commodities futures or financial instruments or securities
    • Brokerage or agency for the purchase/sale or procurement of goods or services necessary to production or providing services to affiliated enterprises
    • Brokerage or agency for the purchase or sale, distribution or procurement of markets, both domestic and overseas for the distribution of products made in Thailand, or imported from overseas in the category of international business, with minimum foreign capital of not less than 100 million baht or more
    • Other brokerage or agency activities, as stipulated in ministerial regulations
  1. Auctioneering, except:
    • Auctioneering in the manner of international bidding, not being auctions of antiques, ancient objects or artifacts that are Thai works of art, Thai handicrafts or antique objects, or with Thai historical value
    • Other types of auctioneering, as stipulated in ministerial regulations
  1. Domestic trade in local agricultural products not prohibited by law
  2. Retailing all categories of goods having of less than 100 million baht capital in total or having the minimum capital of each shop of less than 20 million baht
  3. Wholesaling, all categories of goods having minimum capital of each shop less than 100 million baht
  4. Advertising
  5. Hotel operation, excluding hotel management
  6. Tourism
  7. Sale of food and beverages
  8. Planting and culture of plants
  9. Other services, except those prescribed in the ministerial regulations.

 

WHAT IS THE PROCESS OF FBL AND TIMEFRAME?

In order to apply for FBL, you have to submit your business details such as; business model, potential suppliers and clients, budget, employment, technology transfer, etc. This is for sure a load of details and paperwork. You will also be required to have a certain amount of the capital depending on your estimated budget but not less than 3 million bath. The FBL application will be considered by DBD or Minister of Commerce and it usually takes not less than 2-3 months. The main consideration focus on the benefit the country should have from having the business established in the country and the competition with Thai business in the same industry.

 

IS THERE ANY EXCEPTION FROM FBL?

The answer is Yes! The government by the Board of Investment (BOI) usually has a policy to promote some business every year. One of the incentives the BOI give to you is to waive you from applying for FBL. This means if your business is in the restricted type under FBA but fortunately it is also in the business category which is promoted by BOI, you can choose to apply for BOI’s promotion instead and you will not be required to obtain FBL.

The FBL and BOI applications are actually similar (in terms of details for filing) but not the same! The FBL is a license which is a must to obtain while BOI is a promotion that comes with benefits.

 

Laws related to this topic: Foreign Business Act B.E. 2542 (1999)

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