คำถามที่พบบ่อย - การลงทุนในประเทศไทย
The minimum requirement is 3 shareholders at all times, each can be a business entity or an individual person. Remark:-3 Shareholders at all times, no less.
The requirement for initiators/promoters is 3 individual persons. The first step is 3 promoters.Remark:- 3 individuals, no less.
In this case, we need to know the ratio of foreign shareholders and the target customers as well as the process of providing services. If you could provide more details, then we can provide more details about requirement.
It is up to the company to set up a subsidiary or a branch.
For the clarification of Types of Business Organizations (definition of subsidiary or branch), please refer to the book "A Business Guide to Thailand 2014" (page 12) which can be download from this link:
https://www.slideshare.net/boinyc/a-business-guide-to-thailand-2014
Basically, subsidiary means establishment of limited company. (p.13)
Subsidiary is a separate legal entity distinct from its parent company. Liabilities are limited to subsidiary.
Limited company can apply for BOI promotion depending on the activity of the business.
As for branch office (p.15), it is not considered as limited company. It is not a separate legal entity but it is an extension of the parent company. Liabilities extend to parent company. According to the book (p.15) "Having a branch office in Thailand, the foreign corporation (parent company) could be exposed to civil, criminal and tax liability if the branch office violates any law in Thailand. The foreign head office must appoint at least one branch manager to be in charge of operations in Thailand”.
Conditions to set up branch office, please refer to p.16
For further information regarding requirement of each case, please refer to page 13-16.
5. How long to set up a new entity? How much at least to spend as request by local law?
Please refer to the attachment "Company Registration in 1 Day”
In order to register a company, there are two processes:
1.Register the Memorandum of Association (p.3)
2.Register the company limited’s establishment.
- 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 all documents are finalized, you can submit them to the registrar. 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.http://www.dbd.go.th/intro.php