Business

Thailand Board of Investment

Legal Advisors No Comments
Thailand Board of Investment

The Thailand Board of Investment (BOI) stands as a pivotal agency in Thailand’s economic landscape, driving foreign direct investment and spearheading economic growth. Established with a mission to attract and facilitate investments, the BOI plays a crucial role in propelling Thailand’s industrial and technological advancements. This article delves into the significance, functions, incentives, and application process of the Thailand Board of Investment, shedding light on its instrumental role in fostering business growth and development.

I. The Genesis of Thailand Board of Investment

Established in 1954, the Thailand Board of Investment is a government agency operating under the Office of the Prime Minister. It was created to encourage and facilitate both local and foreign investment in Thailand’s priority industries.

II. Objectives of the BOI

A. Promoting Investment: The primary goal of the BOI is to promote and facilitate investment in industries that align with Thailand’s economic development goals.

B. Enhancing Economic Competitiveness: By offering a range of incentives, the BOI aims to bolster the competitiveness of Thailand’s industries on the global stage.

C. Stimulating Technological Advancements: The BOI encourages the adoption of advanced technologies and innovation to drive industrial growth and enhance productivity.

III. Priority Industries and Investment Promotion

The BOI classifies industries into various categories, offering different sets of incentives to attract investments. Priority industries include sectors like manufacturing, agriculture and agro-industry, mining, and services.

IV. BOI Investment Incentives

A. Tax Privileges: The BOI offers tax exemptions or reductions on corporate income tax for a specified period, depending on the industry and location.

B. Import Duty Exemption or Reduction: Eligible projects may enjoy exemptions or reductions on import duties for machinery, raw materials, and essential components.

C. Land Ownership and Use Rights: Foreign investors can receive rights to own land for promoted activities, which is otherwise restricted.

D. Permission for Foreign Workers: The BOI provides permissions for foreign experts, technicians, and skilled workers to work in Thailand.

V. Application Process

A. Eligibility and Project Proposal: Investors must meet the eligibility criteria and submit a comprehensive project proposal detailing their investment plan.

B. BOI Application Submission: The application, along with the required documents, is submitted to the BOI.

C. BOI Evaluation and Approval: The BOI reviews the application, and upon approval, the investment project is granted BOI promotion privileges.

VI. BOI and Economic Growth

The BOI has been instrumental in attracting a substantial influx of foreign direct investment, catalyzing industrial expansion, technological advancement, and job creation in Thailand.

VII. Challenges and Future Endeavors

While the BOI has played a pivotal role in Thailand’s economic development, it continues to evolve to address new challenges and capitalize on emerging opportunities in the global business landscape.

Conclusion

The Thailand Board of Investment remains a cornerstone of Thailand’s economic success, driving investment, technological advancement, and industrial growth. By offering a range of incentives, the BOI continues to be a magnet for local and foreign investors, propelling Thailand’s position as a competitive player in the global market. As it adapts to new economic landscapes and embraces emerging industries, the BOI stands poised to play a pivotal role in Thailand’s future economic prosperity.

Representative Office in Thailand

Legal Advisors No Comments
Representative Office in Thailand

Representative Office in Thailand. Thailand’s strategic location in the heart of Southeast Asia, coupled with its dynamic economy and business-friendly policies, has made it an attractive destination for companies seeking to expand their global footprint. One avenue for international companies to explore opportunities in Thailand is through the establishment of a Representative Office. This article aims to provide a comprehensive guide to understanding the concept, benefits, eligibility criteria, and steps involved in setting up a Representative Office in Thailand.

I. What is a Representative Office?

A Representative Office is a form of legal entity established by a foreign company to conduct non-profit-generating activities, acting as an extension of its parent company. Its primary purpose is to gather market information, conduct market research, and promote the parent company’s products or services.

II. Eligibility and Scope of Activities

A. Eligibility: To be eligible to establish a Representative Office in Thailand, the parent company must have been in operation for at least one year, be financially stable, and not engage in prohibited activities as per Thai law.

B. Scope of Activities: A Representative Office is limited to non-revenue-generating activities, which include market research, promotion of parent company products or services, liaising with local partners, and gathering business information.

III. Benefits of a Representative Office

A. Market Research and Analysis: A Representative Office provides valuable insights into the local market, consumer behavior, and industry trends, aiding strategic decision-making.

B. Networking and Partnering: It serves as a bridge for building relationships with local businesses, potential clients, and partners.

C. Brand Visibility: The Representative Office promotes the parent company’s brand and helps establish a presence in the Thai market.

IV. Application Process

A. Preparation of Documents: Required documents include an application form, a letter of appointment for the chief representative, a letter of intent from the parent company, and financial statements of the parent company.

B. Submission to Thai Authorities: The application is submitted to the Department of Business Development under the Ministry of Commerce.

C. Approval Process: Once the application is submitted, it undergoes a review process. If approved, a certificate of registration is issued.

V. Compliance and Reporting

A. Compliance Requirements: Representative Offices are required to comply with Thai laws and regulations, including labor laws and tax obligations.

B. Annual Reporting: They must submit annual reports detailing their activities to the Thai authorities.

VI. Limitations of a Representative Office

A. Prohibited Revenue Generation: Representative Offices are not allowed to engage in profit-generating activities.

B. Duration of Existence: They are typically granted a license for a period of two years, with the possibility of renewal.

Conclusion

Establishing a Representative Office in Thailand can be a strategic move for international companies looking to gain insights into the local market and establish a presence without engaging in revenue-generating activities. By understanding the eligibility criteria, benefits, and application process, companies can embark on this endeavor with confidence, opening doors to new opportunities and partnerships in the dynamic Thai business landscape.

Company Registration in Thailand

Legal Advisors No Comments
Company Registration in Thailand

Company Registration in Thailand

If you’re thinking of starting a business in Thailand, you’ll need to know about the process of Thailand company registration. Thailand has two types of company registration: private limited companies and public limited companies. Generally, Thai companies must register within three months of holding their Statutory Meeting, unless they can prove that they delayed the registration process for some reason. Besides that, Thailand’s corporate tax ID card requirement means that companies must apply for it within 60 days of incorporation.

Business registration in Thailand

The government in Thailand encourages foreign businesses. Not only do they contribute to the economy, they also employ local people and pay taxes. However, there are some restrictions on the types of business you can run in Thailand. Usually, you need to form a partnership with Thai shareholders. These shareholders must own more than 50% of the company, but you still retain control. Listed below are some tips to start your own business in Thailand.

Private limited companies are the most popular form of company registration in Thailand

In Thailand, private limited companies are the most popular form of company formation. They are similar to Western LLCs, meaning that a person holding a certain number of shares is only liable for the unpaid portion of those shares. The company’s management is entrusted to a board of directors. Thai law provides an exceptional level of protection for shareholders and foreign investors. In Thailand, private limited companies are not limited in their business activities as long as a majority of the shareholders are Thai. However, a company with more than 50 percent of shares held by non-Thai citizens may be restricted under the country’s Foreign Business Act.

There is no minimum capital requirement to register a company in Thailand

While there is no minimum capital requirement to register a Thai company, there are some specifics that you should know about starting a business in Thailand. Typically, a company must have three shareholders and at least THB 2 million in registered capital. Thai laws prohibit issuing shares with a par value of less than THB 5 and treasury shares are prohibited. Depending on your business’s goals and location, you may require more or less than this amount to register your company.

There is no requirement to have a statutory meeting to register a company in Thailand

When you are registering a company in Thailand, you will need to reserve a name for your business. This name cannot be similar to an existing company in Thailand. The name must also end with the word ‘limited’. You should submit all the documents, including the Memorandum, in Thai. If you do not have a Thai address, you can register your business in any other country.

There is no need to have a representative office in Thailand

In addition to a Thai company’s headquarters, a Representative Office in Thailand is required if you are introducing new products or services to the Thai market. This office has a number of responsibilities, including obtaining a license and presenting the company’s power of attorney. As such, it is important that the representative office manager has all the required credentials, including a national ID and a household registration.