Company Formations

Thai Limited Companies, US-Thai Treaty of Amity Companies, Representative Offices, Board of Investment (BOI) Companies, and Thai International Service Organizations (TISO)

Company Formation in Thailand | Expert Legal Services by Formichella & Sritawat

Welcome to FOSR Law, your trusted partner for seamless company formation in Thailand. Our experienced legal team specializes in guiding foreign and local investors through the complexities of establishing various types of private companies in Thailand, including Thai Limited Companies, US-Thai Treaty of Amity Companies, Representative Offices, Board of Investment (BOI) Companies, Eastern-Economic Corridor Promoted Company, and Thai International Service Organizations (TISO). With our comprehensive expertise and personalized approach, we ensure your business setup is efficient, compliant, and tailored to your goals.
Please note that Formichella & Sritawat is an independent private law firm. We are not affiliated with the Thai government. All official documents are issued by the relevant government authorities.

Why Thailand for Your Business?

Thailand’s strategic location, robust economy, and investor-friendly policies make it an ideal destination for business expansion. Benefits include:
  • Strategic Hub: Central location in ASEAN, perfect for regional operations.
  • Incentives: Tax breaks and relaxed regulations through BOI and Amity Treaty.
  • Growing Economy: Strong sectors like manufacturing, technology, and tourism.
  • Skilled Workforce: Access to a talented, multilingual labor pool.

Our Company Formation Process

At Formichella & Sritawat, we simplify the Thai Limited Company formation process with a clear, step-by-step approach:
  1. Consultation: Discuss your business goals and recommend the best structure (Thai Limited, Amity, BOI, Representative Office, or TISO).
  2. Document Preparation:

    We prepare, draft, and translate all company formation and application documents required for submission to Thai government agencies.

    Please note: we do not issue or create government documents. All official certificates, registrations, and approvals are issued solely by the relevant authorities (DBD, Ministry of Commerce, BOI, etc.).

  3. Name Reservation: Reserve a unique company name with the DBD.
  4. Registration: We manage the full filing and submission process with the DBD, Ministry of Commerce, and BOI to ensure full regulatory compliance.
     
    All official documents (including the company affidavits, MOA registration, AOA registration, BOI certificates, and other government-issued records) are issued directly by the respective Thai authorities.
  5. Post-Registration Support: Handle VAT registration, work permits, visas, and ongoing compliance (e.g., tax filing, annual reports).
A Thai Limited Company is the most common business structure in Thailand, equivalent to a private limited company in other countries. It is a legal entity separate from its owners, offering limited liability protection to shareholders. It’s suitable for small to medium-sized businesses and foreign investors looking to operate in Thailand.
Overview:
  • Structure: Consists of shareholders (owners) and directors (managers). The company’s liability is limited to its registered capital.
  • Minimum Requirements:
    • Shareholders: At least 3 shareholders (individuals or entities, Thai or foreign).
    • Directors: At least 1 director, with no residency requirement unless specified by law or business type.
    • Registered Capital: Minimum of 2 million THB for businesses requiring a foreign business license; otherwise, no strict minimum, but 1 million THB is common for work permit eligibility.
    • Thai Ownership: Foreigners can own up to 49% of shares in most sectors due to the Foreign Business Act, unless exemptions apply (e.g., Board of Investment or US-Thai Amity Treaty).
  • Registration: Must register with the Department of Business Development (DBD) under the Ministry of Commerce. Requires a company name reservation, Memorandum of Association, and Articles of Association. (We prepare all required drafts for filing, and the DBD issues the official registered versions upon approval.)
  • Taxation: Subject to corporate income tax (20% standard rate), VAT (7% if applicable), and annual financial reporting.
  • Work Permits: Foreign employees need work permits, typically requiring 4 Thai employees per foreign work permit (with exceptions).
  • Compliance: Annual general meetings, audited financial statements, and tax filings are mandatory.
Key Requirements:
  1. Company Name: Must be unique, approved by the DBD, and include “Limited” at the end.
  2. Registered Address: A physical office address in Thailand is required.
  3. Memorandum of Association: Must outline the company’s objectives, capital, and shareholder details.
  4. Paid-Up Capital: At least 25% of registered capital must be paid up initially, with full payment within 3 years.
  5. Licenses: Certain industries (e.g., tourism, manufacturing) may require specific licenses or permits.
  6. Auditing: Accounts must be audited by a certified Thai auditor annually.