Best Business Registration Lawyers in Bangkok
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List of the best lawyers in Bangkok, Thailand
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Thailand Business Registration Legal Questions answered by Lawyers
Browse our 7 legal questions about Business Registration in Thailand and the lawyer answers, or ask your own questions for free.
- Do I need an address in Thailand to form a Thai company?
- Yes, your company must be registered at a physical address in Thailand, and this is where you will receive official documents and notices. If you rent this address, you must first get permission from the property owner to agree to register your company at the location. You will need to keep the Ministry of Commerce updated should you move the place of your company registration. A commercial address may also be required, depending on the business you are operating.
- How many shareholders are required to form a Thai company?
- At least three shareholders are required. Under certain conditions, a private limited company may be completely foreigner-owned. However, in relation to activities reserved for Thai nationals under the Foreign Business Act, foreign ownership is permitted up to a maximum of 49% of the shares.
- How can I register a company name in Thailand?
- To register a company name in Thailand, it is first necessary to reserve the company name with the Department of Business Development (DBD).It is required that the name of the proposed company must always end with the word "limited". The name reservation application can be made online through the DBD website, and typically the name reservation process takes one to three working days. Company names are subject to DBD guidelines, and once the company name is approved, it must be used in the incorporation documents needed for company registration.
About Business Registration in Bangkok, Thailand
Business registration in Bangkok, Thailand, is a legal process governed by the Department of Business Development (DBD) under the Ministry of Commerce. The process involves several steps, including name reservation, submission of the Memorandum of Association, statutory meeting report, company registration, and obtaining a VAT or tax ID. The law in Thailand encourages business ventures by both local and international entrepreneurs, although foreign investment is subjected to the Foreign Business Act (FBA). As such, certain types of businesses are restricted for foreign ownership.
Why You May Need a Lawyer
Understanding and complying with all legal requirements of business registration in Bangkok can be complex, particularly for foreign investors. A lawyer experienced in Thai Commercial Law can provide essential assistance in these areas: setting up your business structure correctly, understanding the restrictions under the FBA, helping to secure necessary licenses and permits, ensuring tax compliance and assisting in negotiations and contracts. Mistakes in these areas can lead to serious consequences such as fines, legal penalties, and business license revocations.
Local Laws Overview
Thai law divides businesses into three types: Sole Proprietorships, Partnerships, and Limited Companies. Each type has distinct requirements and implications. Thailand also operates under a civil law system, which means written laws are prioritized. Key laws for business registration include the Civil and Commercial Code, the Commercial Registration Act, the FBA, and numerous Revenue Codes for tax purposes. It's worth noting that for certain business categories, foreign ownership is either prohibited or requires an Alien Business License as per FBA.
Frequently Asked Questions
1. Can a Foreigner Own a Business in Bangkok, Thailand?
Yes, a foreigner can own a business in Thailand, but there are certain restrictions under the FBA. It's essential to consult with a legal professional to understand the implications.
2. What is the Process of Business Registration in Bangkok?
Basic steps are name reservation, Memorandum of Association submission, a statutory meeting, company registration, and obtaining a tax ID or VAT registration. Legal counsel can help guide you through the specifics of each step.
3. How Long Does It Take to Register a Business?
The duration can vary, but typically it can take between 3-6 weeks to complete all steps of business registration in Bangkok.
4. Is Dual Language (Thai-English) Paperwork Accepted for Registration?
Yes, most offices accept dual language documents, but it's advised to have official translations for certain documents.
5. Do I Need a Physical Office Space in Bangkok to Register My Business?
Yes, Thai law requires a physical address in Bangkok for business registration. It cannot be a P.O. BOX address.
Additional Resources
Department of Business Development (DBD) under the Ministry of Commerce is the key agency dealing with business registration in Bangkok, Thailand. Other relevant bodies include the Revenue Department for taxation matters and the Board of Investment for businesses seeking special investment promotions. Legal firms with expertise in Thai Commercial Law can also provide invaluable help.
Next Steps
If you require legal advice or assistance for business registration in Bangkok, it's recommended to consult a lawyer who specializes in Thai Commercial Law. In preparation for this consultation, gather necessary information about your business such as its structure, type of activities, and your investment plans. A clear understanding of your business will help your legal consultant to provide the best possible advice.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.