FAQ - Inquiry Incorporation Procedure and each of these Periods
In order to register a company, there are two processes:
- Register the Memorandum of Association (p.3)
- The flow chart on p.1 and p.2 is essential for understanding the whole procedure and requirement. (please see the information on the attachment file)
- The Registration Procedure is indicated on p.5 of the attachment file.
- For the list of Company Registration documents, it is indicated on p.11 and p.12
- Fees for registering Company Limited, p.8
When everything is finalized, the establishment of incorporation in Thailand takes 1 day.
- Remark 1 – all forms are in Thai language, and must be filled in Thai language only.
- Remark 2 – for company name reservation, it must be reserved via online only. The applicant must be one of the 3 promoters. (see p.10)
Source: Department of Business Development, Ministry of Commerce of Thailand.https://www.dbd.go.th/dbdweb_en/download/pdf_law/CIVIL_AND_COMMERCIAL_CODE_BOOK_III/NotificationoftheDepartmentofBusinessDevelopment/law_SameDayProceduresforRegistrationofMemorandum.pdf
More information in Thai language:
Basically, the process must first begin with registering a company, then get FBL in case the company is not promoted by the BOI.
Before applying for FBL, it is better to know if your business activity of sugar-based pre-mix factory is classified as a factory or not. If your business production activity is considered as a manufacturing factory, then it requires Factory License, not the FBL.
To check whether your factory is classified as a factory to obtain Factory License, please refer to the details as follows: Under the Factory Act, "A factory is defined as any premise that uses machinery equivalent to fiver horsepower or more, or that employs seven or more, with or without any machine, for manufacturing, producing, assembling, packing, repairing, maintaining, testing, improving, processing, conveying, storing or destroying anything included in the classes or types of factories presently listed in the Ministerial Regulations”.
Regardless of being JV or non-JV, the registration takes the same consideration period of time based on the submission of complete set of documents required.
From a given information, in the case of setting up sugar based pre-mix factory in the private Industrial Estate which is supervised by the Industrial Estate Authority of Thailand (IEAT), it means that they can provide assistance for the Factory License procedureIn case you wish to have an idea about Factory License procedure, please refer to the book "A Business Guide to Thailand” (Factory License, p.54 onwards. Procedure for Factory License, p.57-58) which can be downloaded from https://www.boi.go.th/upload/content/BOI-A%20Guide_EN.pdf