Q1356. What percentage of a Thai company can a foreigner own?

Answered by the NYC Visa & Translation team

Under the Foreign Business Act, foreigners may generally hold up to the prescribed proportion (commonly cited as 49%) in businesses listed in the Act's schedules, unless they obtain a Foreign Business Licence (FBL) or a special privilege such as BOI promotion or a country-specific treaty. Important cautions: (1) using Thai 'nominee' shareholders is illegal — both the nominee and the person behind them face penalties; (2) some business types allow higher or full foreign ownership depending on the activity; (3) rights structures such as preference shares must be set up lawfully and transparently; (4) certain areas, such as land ownership, have their own specific restrictions. Consult a specialist before incorporating, because a flawed structure is hard to fix later. Our lawyers design compliant structures from the start. This is general guidance; requirements and fees change — always verify with the Department of Business Development, the Department of Intellectual Property, or the Revenue Department before proceeding.