Foreign Business License (FBL)
ขอใบอนุญาตประกอบธุรกิจต่างด้าว (FBL) · § License
Quick Answer
FBL THB 100,000–200,000 (List 3); US–Thai Amity certification THB 40,000–70,000 — activity audit, business plan, DBD interview, Thai-benefit justification. Cabinet-list applications take longer.
Timeline: Documents 4 weeks · DBD review 60 days · Interview 1 day · License 90–120 days · List 2 (Cabinet) 6–12 months
Official fee: FBL fee THB 20,000 + annual license THB 5,000 (List 3)
Legal Basis
Foreign Business Act B.E. 2542 — List 1 (prohibited), List 2 (Cabinet approval), List 3 (DBD Director-General approval). Minimum capital THB 3M per activity.
Who Needs This
Foreign majority companies (≥ 50%) engaged in List 3 activities — services, wholesale/retail, construction, advertising, consulting — or those relying on the US–Thai Treaty of Amity.
Required Documents
- Corporate affidavit + 3-year parent financials
- 30–50-page business plan justifying Thai-benefit
- Evidence of technology / know-how not duplicated locally
- Thai employment + technology-transfer plan
- Minimum registered capital THB 3M per activity or 25% of 3-year OPEX
Common Pitfalls
- Vague Thai-benefit narrative → DBD rejection
- List 1 activities (land brokerage, media, etc.) are absolutely prohibited
- Amity Treaty companies straying into land/broadcast → license void
- Registered capital below THB 3M → application rejected
Typical Use-cases
- Foreign management-consulting firms
- IT service / systems integrators not under BOI
- Industrial-equipment sales representatives
- US LLCs using Amity to open a wholly-owned Thai branch
FAQ
- How is FBL different from BOI?
- BOI offers privileges (tax + visa) via a positive list. FBL is a permit only, no tax break. Many companies get both — BOI for core, FBL for side activities.
- Is US–Thai Amity Treaty still available?
- Yes — Americans can hold 100% except List 1 items (communications, land, transportation, banking). Requires US Commercial Service Bangkok nationality certification first.
- Is it slower than BOI?
- List 3 similar (3–4 months). List 2 (Cabinet) 6–12 months. Amity is fastest at 30–45 days.
- Thai employment ratio?
- No hard FBL ratio, but work-permit rule still 4 Thai : 1 expat, including Amity.
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Official sources — company registration & BOI
The information on this page follows the official sources below. Always check the latest version before you file.
- กรมพัฒนาธุรกิจการค้า — จดทะเบียนนิติบุคคล— Department of Business Development
- สำนักงานคณะกรรมการส่งเสริมการลงทุน (BOI) / LTR Visa— Thailand Board of Investment
- กรมสรรพากร — ประมวลรัษฎากร ภาษีเงินได้ VAT— Revenue Department
- สำนักงานคณะกรรมการคุ้มครองข้อมูลส่วนบุคคล (PDPA)— PDPC Thailand
- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Generally no for activities listed in the Foreign Business Act, where majority foreign ownership requires a Foreign Business Licence, a BOI promotion, or treaty rights such as the US–Thailand Treaty of Amity. Manufacturing and certain export activities are largely open, and BOI-promoted activities can permit full foreign ownership together with land-holding and visa privileges, so the right structure depends on the specific activity.
- What is the minimum registered capital for a Thai company?
- There is no general statutory minimum for a Thai-majority company, but practical thresholds apply: THB 2 million of paid-up registered capital per foreign work permit, or THB 1 million if the foreigner is married to a Thai national, and THB 3 million per foreign shareholder for a Foreign Business Licence. Capital should therefore be planned around the visa and work-permit outcome you need, not the incorporation minimum.
- How long does company registration take?
- Registration at the Department of Business Development can be completed within one to three working days once the name reservation, shareholder documents and company objectives are ready, and the VAT registration and social security registration follow afterwards. The realistic end-to-end timeline including bank account opening is two to six weeks, with the bank account usually being the slowest step for foreign directors.
- What ongoing accounting obligations does a Thai company have?
- Every Thai company must keep statutory accounts, file monthly withholding tax (PND 1, 3, 53) and VAT (PP 30) returns by the middle of the following month, file the half-year corporate income tax return (PND 51) and the annual return (PND 50), and have its financial statements audited by a Thai CPA and filed with the DBD each year. Dormant companies are not exempt — nil returns and an audited statement are still required.