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Keyword "foreign" total 98.

Definition of "Online Storage Service"

Online storage service is one of Internet services. This service provides data saving area in the Internet to user, user can upload and access his/her personal data with any devices, like PCs, smartphones, tablets.In fact, there are many online storage services in the world, many IT company join this market, such as Google ,Apple, Microsoft, and so on.

Q :

  1. Online data storage service:Online Storage is a browser-based application that allows user to store and access their data files (such as document, music, photos, etc.) safely and securely — online. e.g. "Drop Box" *We will not allow our customer (user) to
    • share their files to the public. (To share with limited friends is partly allowed)
    • download/use/save other user’s data (User’s data availability will be limited to their own files)
    • Online Music/Contents StoreOnline music/contents store is an online business which sells movies, music and so on through the Internet. e.g. "iTunes"]

 

A : The officer from Foreign Business Administration explained that Online data storage service and Online Music/Contents Store business complied with Foreign Business Act section 17. Thus, the company can operate such services once the Foreign Business License (FBL) has approved.Please kindly access the attached files for your reference.

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Yes, this business activity is listed in List 2, Chapter 1 (2) of Foreign Business Act, B.E.2542 (1999).


Any foreign company (Foreign Shareholding ratio is greater than 49%) who is willing to start up the business in Thailand with those business activities listed in List 2 of Foreign Business Act, B.E.2542 (1999) is needed to obtain the permission from the cabinet minister together with the permission from the relevant agency.


The relevant agency is "Department of Land Transport”. Referring to Land Transport Act B.E. 2522(1979), this act was enacted to regulate and monitor on the subject of road transport such as transport operation, operational license and control particular commercial vehicles (bus and truck).


Unofficial Translation


"Land Transport Act, B.E.2522 (1979)

Chapter 3: Transport Operation

Section 24 (3) In case of Limited Company, ……..the investment capital of the company shall not be less than 51% of shareholders holding by natural persons with Thai nationality…….”


Thus, the company is needed to be Thai company to operate


Land Transport business. Land Transport Act, B.E.2522 (1979) only Thai version see via



Source: Foreign Business Administration Bureau


Department of Land Transport



Yes, this business activity is listed in List 2, Chapter 1 (2) of Foreign Business Act, B.E.2542 (1999).


Any foreign company (Foreign Shareholding ratio is greater than 49%) who is willing to start up the business in Thailand with those business activities listed in List 2 of Foreign Business Act, B.E.2542 (1999) is needed to obtain the permission from the cabinet minister together with the permission from the relevant agency.


The relevant agency is "Department of Land Transport”. Referring to Land Transport Act B.E. 2522(1979), this act was enacted to regulate and monitor on the subject of road transport such as transport operation, operational license and control particular commercial vehicles (bus and truck).

Unofficial Translation


"Land Transport Act, B.E.2522 (1979)

Chapter 3: Transport Operation

Section 24 (3) In case of Limited Company, ……..the investment capital of the company shall not be less than 51% of shareholders holding by natural persons with Thai nationality…….”


Thus, the company is needed to be Thai company to operate


Land Transport business. Land Transport Act, B.E.2522 (1979) only Thai version see via


Source: Foreign Business Administration Bureau


Department of Land Transport


Since the purchasing is solely for the purpose of export back to Japan, the said export business is not under the supervision of FBA (Foreign Business Act), and it will not be affected by the FBA.

The business can be operated by a foreign company which has no Thai shareholding, and it will not fall under FBA, and it will not be affected by it.

- I understand, it should not care for sales activities such as "wholesale” and "retail” activities, as they are basically the subjects of restriction by the act.
 
- The company currently has its liaison office in Bangkok, the function of which will be integrated into the Thai subsidiary when the subsidiary is established. Will this be possible in relation to the FBA?
 
The company’s business may not be related to retail or wholesale, since it will solely exports metal (ferrous) waste. According to the explanation of the officer of the foreign business administration bureau, the business will be related to retail or wholesale when there is re-import or purchase from others to sell in Thailand, and if it is in this case, then the business will fall under FBA.

Yes, foreign company has to follow the law and regulation of Social Security

Office There is the Social Security Scheme is operated according to the Social Security Act B.E. 2533 (A.D.1990) and its Amendment B.E. 2537 (A.D.1994) and B.E. 2542 (A.D.1999)
Please see Social Security Law from

The foreign investor is required to obtain "Hotel License”. To gain this license, Thai has to own the majority of shares (51% of foreign shareholding ratio).

1. It has to be a new investment. Please note that an existing project is not eligible to be promoted by BOI.

2. The hotel business must have at least 100 rooms or the minimum investment (excluding cost of land and working capital) of not less than 500 million baht.
For more information about BOI Promotion, please access the link below:https://www.boi.go.th/index.php?page=incentive&language=en
The hotel business is in category 7 (7.4.3), Page 58.The contact details for more information regarding BOI
Promotion in hotel business are:Tel: +66 2 553 8289 and +66 2 553 8165

To operate a restaurant business in Thailand with foreign shareholding ratio (Foreigner holds the majority of shares), the foreign investor is required to obtain "Foreign Business License” because this activity is listed in List Three (19) in "Foreign Business Act, B.E. 2542 (1999)”. For more information, please access:http://www.dbd.go.th/dbdweb_en/more_news.php?cid=329&filename=index

For more information, please contact: Bureau of Foreign Business Administration at
02 547 4425
Address: Department of Business Development, Ministry of Commerce8th floor, Bureau of Foreign Business Administration44/100 Nonthaburi 1 Road, T.Bangkrasor, A.Muang, Nonthaburi 11000,
THAILANDTel: +66 2 547 4419-20 or +66 2 547 4425-26
Source:Department of Business Development,
inistry of Commerce
www.dbd.go.th Office of the Board of Investment
Information as of June 2014

ROH benefits apply to businesses incorporated in Thailand. Therefore, both foreign investors and Thai investors can enjoy benefits provided that businesses meet the criteria requirements.


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